Did Delhi HC Favor Mokobara in Trademark Dispute?

New Delhi, Jun 3 (NationPress) The Delhi High Court has issued an interim ruling favoring luggage manufacturer Mokobara in a trademark lawsuit, prohibiting the defendants from creating similar products.

A panel led by Justice Amit Bansal was reviewing a case brought by Mokobara that sought a permanent injunction to stop the defendants from violating its registered device mark and misrepresenting its trade dress, alongside other supportive measures.

Upon issuing summons for the plaintiff’s case, the High Court instructed that the defendants must submit their written response within thirty days.

"The defendants are also required to present an affidavit of admission or denial concerning the plaintiff's documents; failure to do so will prevent their written response from being recorded,” the ruling stated.

The Delhi HC acknowledged that the defendants’ luggage is available for purchase on their website in multiple sizes and colors, and these products are also being promoted on social media platforms.

According to Mokobara’s lawsuit, the defendants have replicated every feature of the plaintiff’s luggage, including its registered device and distinctive trade dress elements, such as unique color combinations, attractive piping, horizontal ridges, positioning of the registered device, and the yellow-checkered inner-lining with squares displaying the letter ‘m’.

Founded in 2019, Mokobara identifies itself as a modern luggage manufacturer focusing on premium, durable quality and stylish designs.

Thanks to its well-crafted products, Mokobara has quickly gained significant recognition in the industry, the lawsuit noted. It added that the plaintiff has emerged as a leading player in the luggage sector, offering a comprehensive range of products including suitcases, cabin bags, duffle bags, backpacks, luggage sets, tote bags, wallets, and pouches.

Mokobara also claims to have received numerous awards over recent years and has attracted unsolicited media attention in both print and digital formats.

In its ruling, the single-judge panel confirmed that the plaintiff has demonstrated its statutory rights over its registered device as well as common law rights regarding its trade dress.

"In my preliminary assessment, the defendants’ use of the device is confusingly similar to the plaintiff’s registered device and constitutes an infringement of the plaintiff’s rights. Furthermore, the contested trade dress is nearly identical to that of the plaintiff’s trade dress, thus breaching the plaintiff’s common law rights,” stated Justice Bansal’s panel.

The court concluded that a prima facie case has been made for the plaintiff, and Mokobara would suffer irreparable harm if the defendants continued utilizing the disputed device and trade dress for their offerings.

Consequently, until the next hearing, the Delhi High Court has prohibited the defendants from using any logo that is deceptively or confusingly similar to the plaintiff’s registered device.