Jawed Habib Hair & Beauty Limited secures legal victory to protect its brand identity post franchise agreement expiry.
In a significant ruling, the Bombay High Court has granted an injunction in favor of Jawed Habib Hair & Beauty Limited against Kavita Janki Services Private Limited for infringing on its registered trademarks and copyrights. The decision was delivered by Justice Sharmila U. Deshmukh in response to the misuse of Jawed Habib's brand assets by the defendant following the expiration of a franchise agreement.
The case, filed under Interim Application No. 4660 of 2025 in Commercial IP Suit No. 179 of 2025, involved claims of trademark infringement, copyright infringement, and passing off. The plaintiff, Jawed Habib Hair & Beauty Limited, established its brand in 2006 and secured registrations for its distinctive trademarks and labels, including "Jawed Habib Hair & Beauty" and the "JH Logo."
The franchise agreement, which permitted Kavita Janki Services to use these trademarks, expired on May 19, 2017. Despite the termination of the agreement, the defendant continued to utilize the trademarks, prompting the plaintiff to initiate legal proceedings.
The court observed that the defendant had no probable defense as the franchise agreement clearly indicated that the defendant could not claim any rights to the trademarks post-expiry. The plaintiff's proprietary rights were further corroborated by registration certificates presented in court. Additionally, evidence of continued misuse by the defendant was provided through photographs dated December 18, 2025.
Justice Deshmukh emphasized the importance of protecting the goodwill and reputation of the Jawed Habib brand, noting a strong prima facie case for granting ad-interim relief. The court ordered a perpetual injunction restraining the defendant from using any of the plaintiff's registered trademarks, labels, or any deceptively similar marks in connection with their salon services.
The court also addressed the issue of passing off, preventing the defendant from offering salon services under the guise of Jawed Habib's branding. Furthermore, the Leave Petition under Clause XIV of the Letters Patent (Bombay) was allowed, enabling the combination of causes of action to avoid multiple proceedings.
The case has been adjourned to February 3, 2026, with the ad-interim relief to continue until the next hearing. This ruling reaffirms the courts' commitment to protecting intellectual property rights and ensuring that brand identities are safeguarded against unauthorized use.
Bottom Line:
Trademark infringement, copyright infringement, and passing off - Defendant restrained from using Plaintiff's registered trademarks and labels post expiry of franchise agreement.
Statutory provision(s): Trademarks Act, 1999; Copyright Act, 1957; Letters Patent (Bombay) Clause XIV.
