The Delhi High Court has temporarily restrained certain Instagram accounts from misusing the trademarks 'Masaba' and 'House of Masaba' owned by fashion designer Masaba Gupta's brand, House Of Masaba Lifestyle Private Limited. The court's decision comes in response to a suit filed by the plaintiff against unauthorized Instagram handles and websites misrepresenting the brand.
House of Masaba Lifestyle Pvt Ltd. argued that the defendants were unlawfully using its registered trademarks. The alleged infringing websites included 'masabacoutureofficial.co' and 'masabacouture.in,' creating confusion among consumers and harming the brand's reputation.
Justice Amit Bansal, in his interim order, observed:
"The case set up in the plaint is that the defendants' adoption and use of the impugned trademarks is malafide and dishonest as the defendants are misleading the consumers by drawing association with the plaintiff. The same is detrimental to the distinctive character of the plaintiff's trademark 'MASABA'."
After reviewing the evidence, the court ruled that the plaintiff had made a prima facie case for trademark infringement. It also held that the balance of convenience was in favor of the plaintiff and that irreparable harm would be caused if an injunction was not granted.
Based on the findings, the Delhi High Court directed:
"Accordingly, it is directed that the defendants, their proprietor, partners, principal officers, servants, retailers, agents, and all others acting on their behalf are restrained from using the impugned trademarks 'MASABA'/'MASABA COUTURE' and Instagram handles – 'masabacoutureofficial.co' and 'masabacouture.in' or any other trademark/trade name identical or deceptively similar to the plaintiff's registered trademarks."
Additionally, the court issued directives to Instagram to take down the infringing handles and provide complete contact details of the defendants to the plaintiff.
Background of House of Masaba
Established in 2009, House of Masaba is a well-known fashion brand offering a range of products including bridal lehengas, sarees, gowns, men's and women's apparel, jewelry, and accessories. The brand holds multiple trademark registrations, with the first registration dating back to 2010. Due to its widespread promotions and marketing efforts, 'Masaba' and 'House of Masaba' have become strong brand identifiers in the fashion industry.
The plaintiff contended that the defendants were intentionally misleading customers by using identical trademarks to capitalize on the established brand reputation.
Observing the legitimacy of the plaintiff’s claims, the court further noted that there was ample evidence suggesting that the defendants had fraudulently created Instagram pages to deceive customers. Some users even reported fraudulent transactions and misleading advertisements on social media.
The court issued notices to the defendants and set the next hearing for July 23, 2025. Until then, the defendants are prohibited from using the disputed trademarks.
Case Title: HOUSE OF MASABA LIFESTYLE PRIVATE LIMITED VS. MASABACOUTUREOFFICIAL.CO & ORS.
