Delhi High Court rules in favour of SOCIAL pub; declares it a well-known trademark

The Delhi High Court has declared ‘SOCIAL’, denoting the restaurant and café brand owned by Impresario Entertainment and Hospitality Pvt Ltd, to be a well-known trademark under the Trade Marks Act, 1999. [Impresario Entertainment and Hospitality Vs The Shake Social]..Justice Tejas Karia, in a judgment delivered on January 9, 2026, held that the mark SOCIAL has acquired distinctiveness and a secondary meaning on account of its long and continuous use, its extensive presence across India, and recognition among consumers in the hospitality sector..The ruling was passed on a trademark suit filed by Impresario Entertainment and Hospitality Pvt Ltd (plaintiff) against a dessert and beverage outlet operating under the name The Shake Social. Impresario, which owns SOCIAL, accused The Shake Social of trademark infringement, passing off, dilution of its marks, and damages for the same. It also sought a declaration of SOCIAL as a well-known mark.The plaintiff asserted rights over the mark SOCIAL and pleaded that its unique manner of presentation and serving under the mark has become popular among the general public and is associated only with the plaintiff.The Court recorded that the plaintiff owns and operates an exclusive website, socialoffline, which is dedicated to its business, products, restaurants and bars operating under the plaintiff’s marks. The judgment notes that the website is accessible throughout the world, including India, and provides details of the plaintiff’s outlets across the country.The defendant (The Shake Social) did not enter appearance despite service and did not file a written statement. The suit therefore proceeded ex parte (without hearing the defendant)..After holding that the plaintiff had made out a case for trademark infringement and passing off, the Court turned to the prayer for the declaration of SOCIAL as a well-known mark.“The Plaintiff has been using the Plaintiff’s Marks continuously and uninterruptedly at least since the year 2014. The Plaintiff has been expanding its foothold in the hospitality industry. The Plaintiff has further obtained Registrations for the Plaintiff’s Marks," the Court noted. .Referring to the commercial and promotional scale of the brand, the Court further observed,“The Plaintiff has earned considerable goodwill and reputation in India which is evident from the enormous revenue earned by the Plaintiff since FY 2014-15… the promotion expenditure of the Plaintiff in the FY 2023-24 was ₹29,93,18,789/- and has led to the Mark ‘SOCIAL’ becoming synonymous with the Plaintiff alone.”.The Court also found that SOCIAL has now earned substantial recognition in the hospitality sector. “The Plaintiff’s Marks have attained substantial recognition and are widely associated with the hospitality industry among relevant stakeholders… significant investment in marketing activities and consistent visibility within India’s hospitality sector," it said. .On this basis, Justice Karia concluded that SOCIAL deserved recognition as a well-known mark. “Considering the averments and documents on record, the Plaintiff has established that the Plaintiff’s Marks, ‘SOCIAL’ … have acquired the status of Well-Known Marks within the meaning and scope of Section 2(1)(zg) of the Act," the Court held.The Court has also permanently restrained the defendant from using the mark SOCIAL or any deceptively similar variant in relation to its business..Impressio (which runs SOCIAL) was represented by Advocates Shikha Sachdeva, Kriti Rathi and Annie Jacob..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.