Delhi High Court Restrains Use of ‘Masaba’ Mark, Grants Interim Relief to House of Masaba

Delhi High Court Restrains Use of ‘Masaba’ Mark, Grants Interim Relief to House of Masaba. In a notable development in the field of intellectual property rights, the Delhi High Court has temporarily restrained the unauthorized use of the trademark “Masaba,” granting interim protection to the well-known Indian fashion label, House of Masaba. The decision was passed on February 18, 2025, by Justice Amit Bansal, offering crucial relief in a trademark infringement suit filed by the brand’s founder and celebrated fashion designer, Masaba Gupta.
Background of the Dispute
House of Masaba, founded in 2009 by Masaba Gupta, has established a strong identity in India’s fashion industry. The label, known for its signature fusion of traditional and contemporary styles, holds multiple registrations for the trademark “MASABA” under various classes, particularly for clothing and fashion accessories.
The plaintiff approached the Delhi High Court after discovering that third-party entities were using deceptively similar marks such as “MASABA COUTURE” and operating Instagram handles like @masabacoutureofficial.co and @masabacouture.in. The unauthorized use of these marks and handles was alleged to be an infringement on the House of Masaba’s registered trademarks, capable of misleading consumers and diluting the brand’s distinctiveness.
Court’s Observations and Order
Justice Amit Bansal, while reviewing the matter, noted that a prima facie case of trademark infringement and passing off was made out. The Court observed that the House of Masaba had established significant goodwill and brand recognition associated with the “Masaba” mark. The impugned use of identical or confusingly similar marks by the defendants was likely to cause confusion among consumers and could harm the reputation and exclusivity of the plaintiff’s brand.
The Court, therefore, granted an interim injunction, restraining the defendants from:
• Using the mark “MASABA” or any deceptively similar variations in connection with garments or fashion goods;
• Operating or promoting Instagram pages under infringing names;
• Using domain names, websites, or any digital presence that includes the infringing terms.
Relief Sought Against Instagram
Recognizing the digital dimension of modern-day trademark infringement, the Court also issued directions to Instagram (Meta Platforms Inc.). The platform has been asked to:
• Take down the infringing Instagram pages;
• Provide the contact information of the infringing account holders to the plaintiff;
• Ensure compliance within a stipulated time frame.
This move underlines the growing judicial recognition of social media as a critical space where brand identity must be protected.
Significance of the Ruling
This case underscores several critical aspects of trademark law:
1. Protection of First User Rights: The Court reiterated that the first user of a distinctive mark—especially one that has garnered reputation and goodwill—is entitled to protection against later adopters, even if those marks include the name of an individual (in this case, “Masaba” as a first name).
2. Digital Trademark Enforcement: The order against Instagram highlights the increasing role of tech platforms in trademark litigation and their responsibility in preventing misuse of registered marks.
3. Preventing Consumer Confusion: The injunction is a reminder that the core function of a trademark is to prevent consumer confusion and safeguard the integrity of the brand.
Conclusion
The Delhi High Court’s decision in favor of House of Masaba reaffirms the robust protection Indian courts are willing to extend to brand owners—especially in the fashion and lifestyle sectors where brand identity is paramount. As the case proceeds further, the final judgment will be closely watched by legal practitioners and brand custodians alike.
For now, the interim relief provides breathing room for House of Masaba to protect its legacy and identity in a highly competitive market.

In a notable development in the field of intellectual property rights, the Delhi High Court has temporarily restrained the unauthorized use of the trademark “Masaba,” granting interim protection to the well-known Indian fashion label, House of Masaba. The decision was passed on February 18, 2025, by Justice Amit Bansal, offering crucial relief in a trademark infringement suit filed by the brand’s founder and celebrated fashion designer, Masaba Gupta.

Background of the Dispute

House of Masaba, founded in 2009 by Masaba Gupta, has established a strong identity in India’s fashion industry. The label, known for its signature fusion of traditional and contemporary styles, holds multiple registrations for the trademark “MASABA” under various classes, particularly for clothing and fashion accessories.

The plaintiff approached the Delhi High Court after discovering that third-party entities were using deceptively similar marks such as “MASABA COUTURE” and operating Instagram handles like @masabacoutureofficial.co and @masabacouture.in. The unauthorized use of these marks and handles was alleged to be an infringement on the House of Masaba’s registered trademarks, capable of misleading consumers and diluting the brand’s distinctiveness.

Court’s Observations and Order

Justice Amit Bansal, while reviewing the matter, noted that a prima facie case of trademark infringement and passing off was made out. The Court observed that the House of Masaba had established significant goodwill and brand recognition associated with the “Masaba” mark. The impugned use of identical or confusingly similar marks by the defendants was likely to cause confusion among consumers and could harm the reputation and exclusivity of the plaintiff’s brand.

The Court, therefore, granted an interim injunction, restraining the defendants from:

• Using the mark “MASABA” or any deceptively similar variations in connection with garments or fashion goods;

• Operating or promoting Instagram pages under infringing names;

• Using domain names, websites, or any digital presence that includes the infringing terms.

Relief Sought Against Instagram

Recognizing the digital dimension of modern-day trademark infringement, the Court also issued directions to Instagram (Meta Platforms Inc.). The platform has been asked to:

• Take down the infringing Instagram pages;

• Provide the contact information of the infringing account holders to the plaintiff;

• Ensure compliance within a stipulated time frame.

This move underlines the growing judicial recognition of social media as a critical space where brand identity must be protected.

Significance of the Ruling

This case underscores several critical aspects of trademark law:

1. Protection of First User Rights: The Court reiterated that the first user of a distinctive mark—especially one that has garnered reputation and goodwill—is entitled to protection against later adopters, even if those marks include the name of an individual (in this case, “Masaba” as a first name).

2. Digital Trademark Enforcement: The order against Instagram highlights the increasing role of tech platforms in trademark litigation and their responsibility in preventing misuse of registered marks.

3. Preventing Consumer Confusion: The injunction is a reminder that the core function of a trademark is to prevent consumer confusion and safeguard the integrity of the brand.

Conclusion

The Delhi High Court’s decision in favor of House of Masaba reaffirms the robust protection Indian courts are willing to extend to brand owners—especially in the fashion and lifestyle sectors where brand identity is paramount. As the case proceeds further, the final judgment will be closely watched by legal practitioners and brand custodians alike.

For now, the interim relief provides breathing room for House of Masaba to protect its legacy and identity in a highly competitive market.