The Delhi High Court has declared the restaurant and café brand SOCIAL, owned by Impresario Entertainment, as a well-known trademark under the Trade Marks Act, 1999, holding that the mark has acquired distinctiveness through long, continuous use and nationwide recognition.
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NEW DELHI: In a crucial ruling for India’s hospitality and trademark landscape, the Delhi High Court has declared ‘SOCIAL’, the popular restaurant and café brand owned by Impresario Entertainment and Hospitality Pvt Ltd, as a well-known trademark under the Trade Marks Act, 1999.
The judgment was delivered by Justice Tejas Karia on January 9, 2026, in the case Impresario Entertainment and Hospitality Pvt Ltd v. The Shake Social, granting permanent injunctions against trademark infringement and passing off, while also recognising SOCIAL as a well-known mark under Section 2(1)(zg) of the Act.
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Background of the Case
Impresario Entertainment and Hospitality Pvt Ltd, the owner of the SOCIAL chain of cafés, bars, and restaurants, filed a trademark infringement suit against a Gujarat-based dessert and beverage outlet operating under the name “The Shake Social.”
The plaintiff alleged that the defendant’s use of the word SOCIAL as part of its trade name amounted to:
- Trademark infringement
- Passing off
- Dilution of goodwill
- Unfair competition
Impresario further sought a declaration that SOCIAL qualifies as a well-known trademark, citing its extensive use, nationwide presence, and strong consumer recognition.
Submissions by the Parties
Plaintiff’s Submissions
The plaintiff submitted that:
- The SOCIAL brand has been in continuous use since 2014, beginning with its first outlet in Bengaluru.
- It operates 55+ outlets across India, adopting a unique naming convention by prefixing the location name (e.g., Hauz Khas Social, Church Street Social).
- The brand has a pan-India reputation, significant digital presence, and strong engagement across social media platforms such as Instagram, Facebook, X (Twitter), and YouTube.
- The plaintiff incurred ₹29.93 crore in promotional expenses in FY 2023–24, with a turnover of over ₹475 crore in the same year.
- The defendant was operating in the same hospitality sector, using identical trade channels such as Zomato, Swiggy, Google Maps, and Instagram.
Impresario also pointed out that the defendant had applied for trademark registration of “THE SHAKE SOCIAL” in Class 43, which further indicated dishonest adoption.
Despite service of summons, The Shake Social failed to appear or file a written statement. Consequently, the Delhi High Court proceeded ex parte, deeming the plaintiff’s pleadings and documentary evidence to be admitted under the Delhi High Court (Original Side) Rules, 2018.
Court’s Findings
The Court found that Impresario is the registered proprietor of the trademark SOCIAL and that the defendant’s adoption of the impugned mark was deceptively similar to the plaintiff’s mark. It held that such use was likely to cause confusion among consumers and amounted to an attempt to unfairly capitalise on the goodwill and reputation built by the plaintiff over several years.
The Court further observed that the defendant’s conduct could mislead members of the public into believing that its services were associated with or connected to the plaintiff, when in fact no such association existed.
Accordingly, the Court found a clear case of trademark infringement and passing off.
Turning to the prayer for well-known status, Justice Tejas Karia observed that:
“The Plaintiff has been using the Plaintiff’s Marks continuously and uninterruptedly at least since the year 2014… 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 noted:
- The brand’s extensive nationwide footprint
- Its recognition among consumers and industry stakeholders
- Consistent enforcement of trademark rights before Indian courts
Based on these factors, the Court held that SOCIAL has acquired distinctiveness and secondary meaning, satisfying the criteria under Section 2(1)(zg) of the Trade Marks Act, 1999.
The Delhi High Court:
- Declared ‘SOCIAL’ a well-known trademark
- Permanently restrained the defendant from using SOCIAL or any deceptively similar mark
- Decreed the suit in favour of the plaintiff
- Passed no order on costs or damages
Appearance:
Impressio (which runs SOCIAL): Advocates Shikha Sachdeva, Kriti Rathi and Annie Jacob
Case Title:
IMPRESARIO ENTERTAINMENT AND HOSPITALITY PVT. LTD. versus M/S THE SHAKE SOCIAL THROUGH ITS PROPRIETOR
CS(COMM) 121/2025, I.A. 3774/2025 & I.A. 3777/2025
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