Delhi High Court Closes Meta’s Execution Plea After Compliance in ‘FACEBAKE’ Trademark Dispute
Delhi High Court Closes Meta’s Execution Plea After Compliance in ‘FACEBAKE’ Trademark Dispute
Introduction
The Delhi High Court has disposed of an execution petition filed by Meta Platforms Inc. (formerly Facebook), after recording substantial compliance with a permanent injunction restraining the use of deceptively similar marks “FACEBAKE” and “FACECAKE.” The Court held that the judgment debtors had complied with the earlier decree both in substance and spirit, warranting closure of the execution proceedings.
Factual Background
Meta Platforms Inc., the proprietor of the globally well-known trademark “FACEBOOK,” had earlier instituted a trademark infringement suit against the operators of bakery outlets using the marks “FACEBAKE” and “FACECAKE.” Meta alleged that the impugned marks, along with related domain names and email addresses, were deceptively similar to its registered trademark and amounted to infringement and passing off.
By a judgment and decree dated July 6, 2022, the Delhi High Court permanently restrained the defendants from using the infringing marks and related identifiers. The Court also awarded nominal damages of ₹50,000 along with costs in favour of Meta.
Procedural Background
In 2024, Meta initiated execution proceedings, alleging continued use of the restrained marks and delay in payment of the decretal amount. The execution petition was placed before Justice Manmeet Pritam Singh Arora to examine compliance with the decree.
During the execution proceedings, the judgment debtors asserted that all outlets earlier operating under “FACEBAKE” and “FACECAKE” had been rebranded as “BUNCAKE” and that infringing signage and branding had been removed.
Issues
1. Whether the judgment debtors had complied with the permanent injunction restraining use of the marks “FACEBAKE” and “FACECAKE.”
2. Whether the decree relating to payment of damages and costs had been satisfied.
3. Whether any further directions were required in execution.
Contentions of the Parties
Meta contended that the judgment debtors had continued to use the infringing marks even after the decree and had delayed payment of damages and costs for nearly three years.
The bakery operators submitted that they had fully rebranded their businesses under the name “BUNCAKE,” removed all infringing signboards and identifiers, and remedied any residual instances of infringement pointed out during the execution proceedings. They also argued that the delay in payment occurred because Meta had not promptly shared its bank details despite repeated requests.
Reasoning and Analysis
The Court noted that Meta itself had subsequently confirmed that all remaining instances of alleged infringement identified during the execution proceedings had been rectified. On this basis, the Court held that the permanent injunction had been complied with to Meta’s satisfaction.
With respect to damages and costs, the Court examined the record and found that although Meta complained of delay, the judgment debtors had repeatedly sought bank account details to make payment. The Court recorded that the decretal amount was eventually paid on September 16, 2025.
In this context, the Court observed that the delay could not be attributed entirely to the judgment debtors and noted that “it was the decree holder who exhibited a lack of initiative in accepting the monies awarded under the decree dated 06.07.2022.”
Decision
The Delhi High Court held that the decree relating to damages and costs stood satisfied and that the permanent injunction restraining use of “FACEBAKE” and “FACECAKE” had been duly complied with. Accordingly, the execution petition was disposed of. The Court clarified that the permanent injunction would continue to operate and that Meta would be at liberty to seek appropriate relief in the event of any future violation.
In this case the plaintiff was represented by Mr. J.V. Abhay and Mr. Dhruv Grover, Advocates. Meanwhile the defendant was represented by Mr. Haneesh Krishnan, Advocate.
