The Bombay High Court has granted strong interim protection to Jawed Habib Hair & Beauty Limited, restraining a former franchisee from continuing to use its registered trademarks and brand identity after the franchise agreement had expired. The court found a clear case of trademark infringement, copyright violation, and passing off, and stepped in to protect the salon brand’s goodwill built over years.
Background of the Case
The dispute arose from a commercial intellectual property suit filed by Jawed Habib Hair & Beauty Limited against Kavita Janki Services Private Limited. The plaintiff, incorporated in 2006, operates a well-known chain of hair and beauty salons across India under the brand name “Jawed Habib Hair & Beauty”.
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According to the company, it had allowed the defendant to use its registered trademarks, including the “Jawed Habib” label and “JH” logo, under a franchise agreement that was valid from May 20, 2014, to May 19, 2017. Once this agreement expired, the permission to use the brand name and logos automatically came to an end.
However, the company alleged that despite the expiry, the defendant continued running a salon using the same trademarks and branding, misleading customers into believing it was still an authorised Jawed Habib outlet.
What the Court Heard
Counsel for Jawed Habib took the court through trademark registration certificates and details of the franchise agreement. It was argued that the defendant had no independent right to use the brand once the agreement ended.
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The plaintiff also pointed out that a cease-and-desist notice was issued on June 24, 2024, after the company became aware of the unauthorised use. Despite service of the notice and court papers, the defendant did not respond or appear before the court.
An additional affidavit was placed on record, including photographs taken in December 2025, showing that the salon was still using the “Jawed Habib” name and logos.
Court’s Observations
After examining the documents, Justice Sharmila U. Deshmukh noted that the franchise agreement itself acknowledged the plaintiff’s ownership over the trademarks and allowed their use only during the agreement period.
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The court observed that once the agreement expired due to lapse of time, the defendant’s right to use the trademarks also ended. There was no plausible defence available to the defendant, especially when the agreement clearly ruled out any continuing or independent rights.
“The proprietary right of the Plaintiff in the registered trademarks is prima facie demonstrated,” the court observed, adding that the photographs on record clearly showed continued unauthorised use even after service of legal notices.
The absence of the defendant from the proceedings, despite proper service, also weighed with the court.
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The Decision
Finding that a strong prima facie case was made out, the Bombay High Court granted ad-interim relief in favour of Jawed Habib Hair & Beauty Limited.
The court restrained the defendant from:
- Using the “Jawed Habib”, “Jawed Habib Hair & Beauty”, and “JH” logos or any deceptively similar marks for salon services
- Infringing the plaintiff’s copyright in its artistic labels and registered caricatures
- Passing off its salon services as those connected with or authorised by Jawed Habib
The interim injunction will continue until the next date of hearing, which has been scheduled for February 3, 2026.
In a related move, the court also allowed a leave petition permitting the plaintiff to combine claims of trademark infringement, copyright violation, and passing off in a single proceeding, noting that all issues arose from the same set of transactions.
Case Title: Jawed Habib Hair & Beauty Limited vs Kavita Janki Services Private Limited
