Interim relief granted to M/s Profile India International to protect trademarks and intellectual property against M/s SS Brothers Associates
In a significant move, the Delhi High Court has granted interim relief to M/s Profile India International, the Master Franchisee of the renowned 'Toni & Guy' brand, in a case against M/s SS Brothers Associates. The court, presided by Justice Mini Pushkarna, ordered the respondents to cease using the 'Toni & Guy' trademark, intellectual property, and brand name until the next hearing.
The dispute arose when M/s Profile India International alleged that M/s SS Brothers Associates continued to operate a 'Toni & Guy' salon in Prayagraj, Uttar Pradesh, despite the termination of their Sub-Franchise Agreement in February 2025. The petitioner argued that the respondents had defaulted on their obligations, including the payment of a monthly Management Services Fee, leading to the agreement's termination.
The court was informed of the arbitration clause within the Sub-Franchise Agreement, which mandates any disputes to be resolved through arbitration in Delhi, under the Arbitration and Conciliation Act, 1996. Additionally, the agreement stipulates the exclusive jurisdiction of the Delhi courts.
Acknowledging the petitioner's plea to safeguard its trademarks and intellectual property, the court restrained the respondents from using the 'Toni & Guy' mark or any related intellectual property. However, the court clarified that the respondents could continue their business under a different name that does not resemble 'Toni & Guy'.
This interim order underscores the court's recognition of the arbitration clause and its commitment to protecting intellectual property rights. The case is scheduled for further proceedings on October 8, 2026.
Bottom line:-
Arbitration - Sub-Franchise Agreement - Interim relief sought under Section 9 of Arbitration and Conciliation Act, 1996 - Court restrained respondents from using trademarks, intellectual property, or brand name of petitioner till next hearing.
Statutory provision(s): Arbitration and Conciliation Act, 1996 Section 9
M/s Profile India International v. M/s SS Brothers Associates, (Delhi) : Law Finder Doc id # 2924445
