Bombay High Court: While hearing an interim application in a commercial IP suit concerning infringement of trademark, copyright, and passing off, a Single Judge Bench of Sharmila U. Deshmukh held that upon expiry of the franchise agreement, the permitted use of the registered “Jawed Habib” trademark extinguished, and continued use by the defendant infringes the exclusive rights of the plaintiff. The Court accordingly granted ad-interim relief restraining the defendant from infringing the “Jawed Habib” registered trademarks and copyrights, and from passing off services under deceptively similar marks.
Background:
The plaintiff, Jawed Habib Hair & Beauty Ltd., was incorporated in 2006 with the distinctive trade name and label “Jawed Habib,” securing registrations for the label, logo, and composite marks. By executing a franchise agreement, the defendant was permitted to use the registered “Jawed Habib” label mark from 20-05-2014 till 19-05-2017. Despite expiry of the agreement by efflux of time, the defendant continued use of the “Jawed Habib” registered trademark.
The plaintiff submitted that upon expiry of the franchise agreement, permitted use of the “Jawed Habib” marks extinguished, and continued use infringes the exclusive right guaranteed under the Trade Marks Act, 1999 (‘Trade Marks Act’). It was further submitted that upon becoming aware of continued use, a cease-and-desist notice dated 24062024 was issued, with postal receipts and tracking reports evidencing service. It was contended that considering the reputation and goodwill in the “Jawed Habib” registered trademark, it was imperative that the defendant be restrained.
Analysis and Decision:
The Court emphasised that the franchise agreement prima facie indicated acceptance of ownership of the plaintiff in the registered trademarks and permitted use only during subsistence of the agreement. The Court observed that upon expiry, the defendant was no longer permitted to use the registered trademarks in respect of identical salon services.
The Court noted that there was no probable defence, highlighted that proprietary rights were demonstrated from registration certificates, and observed that photographs confirmed continued use. In light of this, the Court held that a strong prima facie case was made out for ad-interim relief in terms of prayer clauses restraining infringement of trademarks, infringement of copyright in artistic labels, and passing off services. The Court, thus, granted an ad-interim relief to continue till the next date.
The Court also allowed the leave petition under Clause 14 of the Letters Patent (Bombay) to combine causes of action, noting that proceedings arose from the same transaction and multiplicity of proceedings should be avoided.
[Jawed Habib Hair & Beauty Ltd. v. Kavita Janki Services (P) Ltd., Interim Application No. 4660 of 2025, decided on 06-01-2026]
Advocates who appeared in this case:
For the Applicant: Nidhi Bangera with B.N. Poojari, Suresh Poojary i/b Legal House