Bombay High Court Grants Metro Brands Relief in Trademark Row Against MetBrands
Bombay High Court Grants Metro Brands Relief in Trademark Row Against MetBrands
Introduction
The Bombay High Court recently granted ad-interim relief to Metro Brands Limited in a trademark dispute against MetBrands Private Limited. The Court held that the mark "METBRANDS" was “prima facie deceptively similar” to Metro Brands' registered trademarks.
Factual Background
Metro Brands, a footwear retail company with operations dating back to 1955, has a retail footprint of 895 stores across 203 Indian cities and owns several registered trademarks, including "METRO" and "METRO BRANDS". MetBrands, incorporated in November 2021, initially operated under the name "METRENDS" but later adopted a new brand identity closely mirroring Metro's. Shortly after Metro's public listing in December 2021, MetBrands reportedly rebranded in a manner that closely mirrored Metro's identity and began selling similar products online, including on Amazon.
Procedural Background
The plaintiff filed a suit seeking an order of injunction restraining MetBrands from using marks similar to Metro's registered trademarks. Despite receiving notices for court hearings, MetBrands did not enter an appearance or file a response.
Issues Involved
1. Trademark Infringement: Whether MetBrands' use of similar marks constitutes trademark infringement.
2. Interim Relief: Whether Metro Brands was entitled to interim relief, restraining MetBrands from using similar marks.
Submissions of the Parties
Plaintiff's Contentions: Metro Brands argued that MetBrands' rebranding was a deliberate attempt to ride on Metro's goodwill and public recognition. Metro further highlighted that a cease-and-desist notice had been issued earlier, but no corrective action was taken.
Defendant's Contentions: MetBrands did not appear before the Court to refute the plaintiff’s contentions.
Reasoning and Analysis
The Court, presided over by Justice Arif Doctor held that "There can be no doubt about the Plaintiff’s name and reputation in the field of sale and supply of leather goods, especially in shoes. The record also sets out that the Plaintiff has huge turnover and also under its umbrella markets andsells various international footwear brands." Furthermore, the Court noted Metro's longstanding reputation, significant market presence, and ownership of the contested trademarks. The Court also noted that despite being served notices on April 28 and April 29, MetBrands failed to appear or respond.
Final Decision
The Court granted an ad-interim injunction in favor of Metro Brands Limited, restraining the defendant from using marks similar to Metro's registered trademarks. The interim order will remain in effect until the next hearing on June 20, 2025.
In this case the plaintiff was represented by Mr. Venkatesh Dhond, Senior Advocate along with Mr. Rashmin Khandekar, Mr. Alhan Kayser, Mr. Prateek Pansare, Ms. Hitisha Patel, and Ms. Varsha Vasave instructed by Mr. Avesh Kayser, Advocates.
