Delhi High Court Grants Interim Injunction to Mattel in Barbie Trademark Infringement Case

Delhi High Court Grants Interim Injunction to Mattel in Barbie Trademark Infringement Case

Introduction

The Delhi High Court has restrained an Indian man from using the 'Barbie' trademark or any other similar mark in his business activities after Mattel, the owner of the globally recognized Barbie trademark, filed a suit for trademark infringement. The Court held that the defendant's use of the Barbie mark would cause irreparable harm to Mattel.

Factual Background

Mattel, the owner of the Barbie trademark, has been using the mark in India since 1987 and has registered it in multiple classes. The defendant, Padum Borah, applied for and used a series of marks like 'BARBIE One Stop Solution for HORECA Foods', 'BARBIE ENTERPRISES', 'BARBIE HOSPITALITY', etc. for commercial kitchen equipment and catering services.

Procedural Background

Mattel issued a cease-and-desist notice to the defendant, which was not responded to. Mattel then approached the Delhi High Court, seeking an injunction against the defendant's use of the Barbie mark. The Court heard the case and passed an interim order.

Issues

1. Trademark Infringement: Whether the defendant's use of the Barbie mark constitutes trademark infringement.

2. Irreparable Harm: Whether the defendant's use of the Barbie mark would cause irreparable harm to Mattel.

Reasoning & Analysis

The bench of Justice Manmeet Pritam Singh Arora held that Mattel is the registered proprietor of the Barbie trademark and that the defendant's use of the mark would cause irreparable harm to Mattel. Moreover, the Court observed that the defendant had used the marks like Barbie Enterprises, Barbie Kitchen, or Barbie Catering to create initial interest in his products.

Decision

The Court passed an injunction order restraining the defendant from using the Barbie trademark or any other similar mark in his business activities. The Court also ordered the defendant to take down all social media posts and accounts using the Barbie name and suspended domain names with the word Barbie in them.

Implications

The Delhi High Court's decision highlights the importance of protecting trademarks and preventing infringement. The decision ensures that well-known trademarks like Barbie are protected from unauthorized use.

In this case the plaintiff was represented by Ms. Shwetasree Majumder, Mr. Prithvi Singh, Mr. Prithvi Gulati and Mr. Ritwik Marwaha, Advocates.