Delhi High Court Confers ‘Well-Known Trademark’ Status on SOCIAL Pub Chain

Delhi High Court Confers ‘Well-Known Trademark’ Status on SOCIAL Pub Chain

Introduction

“SOCIAL Means One Thing”: Delhi High Court Declares Popular Pub Chain a Well-Known The Delhi High Court has formally recognised SOCIAL, the widely known restaurant and café brand operated by Impresario Entertainment and Hospitality Pvt. Ltd., as a well-known trademark under the Trade Marks Act, 1999. The decision reinforces judicial protection for hospitality brands that acquire distinctiveness through sustained use, scale, and consumer association.

Factual Background

Impresario Entertainment and Hospitality Pvt. Ltd., the proprietor of the SOCIAL brand, operates a chain of restaurants and cafés across India. Since its launch in 2014, the brand has expanded rapidly and built a strong identity in the hospitality sector through its distinctive presentation, service style, and branding. The plaintiff also maintains an exclusive website, social offline, showcasing its outlets, offerings, and brand philosophy. The dispute arose when a dessert and beverage outlet began operating under the name “The Shake Social”, which Impresario alleged was deceptively similar to its registered mark SOCIAL.

Procedural Background

Impresario instituted a trademark infringement and passing off suit before the Delhi High Court, also seeking a declaration that SOCIAL be recognised as a well-known trademark. Despite service, the defendant failed to enter an appearance or file a written statement. The suit therefore proceeded ex parte.

Issues

1. Whether the defendant’s use of “The Shake Social” amounted to trademark infringement and passing off.

2. Whether the mark SOCIAL satisfied the statutory requirements to be declared a well-known trademark under the Trade Marks Act, 1999.

Contentions of the Parties

The plaintiff contended that SOCIAL had acquired a secondary meaning and was uniquely associated with its hospitality services due to long, continuous, and extensive use across India. It relied on registrations, revenue figures, promotional expenditure, and nationwide presence to establish goodwill and reputation. The defendant did not contest the proceedings and placed no material on record.

Reasoning and Analysis

The Court first held that Impresario had successfully established infringement and passing off, noting the deceptive similarity between SOCIAL and The Shake Social, particularly in the context of overlapping hospitality-related services.

Turning to the prayer for declaration of a well-known mark, Justice Tejas Karia examined the duration, extent, and scale of the plaintiff’s use. The Court noted that the plaintiff had been using the mark continuously since 2014 and had significantly expanded its footprint within the hospitality industry.

It was observed by the Court that, “The Plaintiff has earned considerable goodwill and reputation in India which is evident from the enormous revenue earned by the Plaintiff since FY 2014-15… and has led to the Mark ‘SOCIAL’ becoming synonymous with the  Plaintiff alone.” The judgment also recorded the plaintiff’s substantial promotional expenditure, including marketing spend exceeding ₹29 crore in FY 2023–24.

The Court further held that SOCIAL had achieved widespread recognition among consumers and stakeholders in the hospitality sector, acquiring a distinct secondary meaning exclusively linked to the plaintiff. On this basis, it concluded that the mark fulfilled the criteria under Section 2(1)(zg) of the Trade Marks Act for recognition as a well-known trademark.

Decision

The Delhi High Court declared SOCIAL a well-known trademark and permanently restrained the defendant from using the mark SOCIAL or any deceptively similar variant in relation to its business. The suit was decreed in favour of Impresario Entertainment and Hospitality Pvt. Ltd.

In this case the plaintiff was represented by Ms. Shikha Sachdeva, Mr. Kriti Rathi and Ms. Annie Jacob, Advocates.