The Delhi High Court has granted an ex parte ad interim injunction to Impresario Entertainment and Hospitality Pvt Ltd., which operates 52 ‘SOCIAL’ restaurants/bars pan India, secured against M/s Social Circle from using the impugned mark ‘SOCIAL CIRCLE’ or any identical/deceptively similar variation. The Court placed significant weight on its earlier order dated Jan 09, 2026, declaring ‘SOCIAL’ a well-known trademark under Section 2(1)(zg) of the Trade Marks Act, 1899, treating it as a binding precedent on the plaintiff’s mark strength.
The injunction extends broadly to the defendant, its directors, principals, proprietors, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, and assignees, covering use, sale, marketing, supply, advertising, and any direct or indirect dealing under the impugned mark.
A Single Judge Bench of Justice Vikas Mahajan observed that the comparison between the defendant’s impugned mark ‘SOCIAL CIRCLE’ and the plaintiff’s registered mark ‘SOCIAL’ demonstrates that the mark adopted by the defendant is identical/deceptively similar to the plaintiff’s trademark. The Court noted that the plaintiff’s ‘SOCIAL’ restaurants/bars have become very popular among the general public and have received various awards for excellence in the hospitality industry.
The Court further observed that the plaintiff had succeeded in establishing a strong prima facie case in its favour and against the defendant. The Court reasoned that the balance of convenience, having regard to the documentary evidence of the plaintiff, the registration in favour of the plaintiff, and the declaration of the plaintiff’s mark ‘SOCIAL’ as a well-known mark, tilts in favour of the plaintiff.
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Briefly, Impresario Entertainment and Hospitality Pvt Ltd., the plaintiff, runs a chain of restaurants under the brand name ‘SOCIAL’ and is the registered proprietor of the trademark ‘SOCIAL’ along with over 100 variant registrations. The plaintiff commenced business in 2001 and adopted the trademark ‘SOCIAL’ in 2012, and presently operates 52 ‘SOCIAL’ restaurants/bars across India. The mark ‘SOCIAL’ was declared a well-known trademark under Section 2(1)(zg) of the Trade Marks Act, 1999 by the Delhi High Court vide order dated Jan 09, 2026.
The plaintiff’s consolidated revenue across all brands for FY 2024-25 stood at Rs. 697.09 crores, of which the ‘SOCIAL’ brand contributed Rs. 589.39 crores, with promotional expenses of Rs. 29.19 crores for the same period. The plaintiff discovered in August 2024 that the defendant, M/s Social Circle, was advertising and promoting its restaurant/bar services under the impugned mark on third-party platforms including Zomato, Swiggy, Justdial, Magicpin, and Google Maps. A cease-and-desist notice dated Sep 18, 2024, was issued, which went unanswered. Subsequently, in September 2025, the plaintiff learnt that the defendant had filed a trademark application for ‘SOCIAL CIRCLE’ bearing application no. 6642539 in Class 43 in September 2024 on a ‘proposed to be used’ basis, which now stands abandoned due to non-prosecution.
