Around winters, does "Mocha" remind everyone of a steaming hot cup of Choco-coffee? Well, "Impresario" has other plans. Who?, you ask. Impresario is known for its concept-based hotels across the country, such as Social, Smoke House Deli, Mocha etc. and this winter it plans to keep its version of Mocha exclusively for itself!
In Impresario Entertainment & Hospitality Pvt. Ltd. v. Mocha Blu Coffee Shop, another case of trademark infringement at the Delhi High Court, the owner of the registered trademark MOCHA, Impresario Entertainment & Hospitality Pvt. Ltd., ("Impresario") sought injunction against the defendant's infringement of Impresario's trade mark and passing it off as a coffee house related to MOCHA by Impresario.
The defendant was operating a coffee shop using the mark MOCHA BLU which was deceptively similar to Impresario's trademark. Impresario prayed that the Court proceed ex-parte against the defendant, because, in spite of being served with notices to its address as well as through newspapers 'THE HINDU' and 'DINA TANTHI', neither did the defendant appear in the matter, nor did it file a written statement.
The Court observed that in such cases, it should proceed ex-parte only if there is sufficient proof supporting the facts mentioned in the complaint and only when the Court is satisfied that no further proofs are required. The Court stated that excess caution needs to be exercised lest subsequent appeals will defeat the purpose of ex-parte orders in such cases- which is to expedite proceedings.
Since the defendant failed to put forth his case and there were no apparent deficiency in the evidence it placed on record, the court passed an ex-parte order of injunction against it.
Compiled by: Adv. Sachi Kapoor | Concept & Edited by: Dr. Mohan Dewan
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