The Bombay High Court granted an ad-interim injunction restraining the entity Social Hubz from using the marks “Social Hubz”, “Maple Social Hubz”, or any other deceptively similar mark in relation to its hospitality and lodging services. The order was passed in a commercial IP suit filed by Impresario Entertainment & Hospitality Pvt. Ltd., owner of the well-known “SOCIAL” restaurant and café chain, alleging infringement and passing off of its registered trademarks.
The Court noted that Impresario is the registered proprietor of the mark “SOCIAL” and has used it extensively since 2014 across India for its restaurants and bars, thereby acquiring substantial goodwill and reputation. Despite being duly served, no one appeared for the defendant.
Upon comparing the rival marks, the Court found that the defendant’s use of “Social Hubz” and “Maple Social Hubz” was visually, structurally, phonetically, and conceptually similar to the plaintiff’s “SOCIAL” mark. It held that merely adding non-distinctive elements such as “Hubz” or “Maple” did not dispel the likelihood of confusion. The Court also recorded that the defendant’s adoption appeared dishonest and intended to ride on Impresario’s goodwill, especially since it had applied for its mark on a “proposed to be used” basis while claiming prior use from 2019.
Finding a strong prima facie case of infringement and passing off, the Court observed that the balance of convenience lay in favour of the plaintiff and that continued use by the defendant would cause irreparable harm to the brand and to the public. Consequently, it issued an ad-interim injunction restraining the defendant from using “SOCIAL” or any deceptively similar mark in any form including business name, signage, advertisements, domain name, or social-media handles until further orders.
The matter is next listed on November 17, 2025, for further hearing on interim reliefs.
Appearances:
Mr. Hiren Kamod, Advocate a/w Mr. Anees Patel, Mr. Rahul Punjabi, Ms. Shikha Sachdeva, Ms. Kriti Rathi, Ms. Annie Jacob, Mr. Jaydeep Roy and Ishan Shroff, Advocates
i/b Mr. Rahul Punjabi for the Plaintiff.
None for the Defendants.
