What is the story about?
New Delhi: In a significant win for Impresario Entertainment and Hospitality Pvt Ltd, the Delhi High Court has declared ‘SOCIAL’, the popular restaurant
and cafe brand, as a well-known trademark under the Trade Marks Act, 1999. The Court held that the brand has earned strong consumer recognition across the country due to its long-standing use and wide presence in India’s hospitality space. According to Bar and Bench, the ruling came in a trademark suit filed by Impresario against a dessert and beverage outlet operating under the name The Shake Social, which the plaintiff accused of trademark infringement, passing off, and dilution of its brand identity.
What The Court Said
Justice Tejas Karia, in a judgment delivered on January 9, 2026, noted that the mark SOCIAL has gained distinctiveness and strong association with Impresario over the years.“The Court ruled that SOCIAL has acquired distinctiveness and a secondary meaning on account of its long and continuous use, its extensive presence across India, and recognition among consumers in the hospitality sector.”
Case Against ‘The Shake Social’
Impresario, which owns and operates the SOCIAL chain, alleged that The Shake Social used a deceptively similar brand name that could confuse consumers and unfairly benefit from SOCIAL’s reputation. Along with seeking relief against infringement, the company also sought a declaration recognising SOCIAL as a well-known mark.Impresario argued that the way SOCIAL presents and serves its products has become highly popular and that the brand name is now closely associated only with the plaintiff.
The Court also recorded that the plaintiff operates an exclusive website socialoffline, dedicated to its restaurants, bars, products and business identity under its marks.
The judgment notes that the website is accessible across the world, including India, and lists details of SOCIAL outlets nationwide.
Defendant Did Not Appear, Case Went Ex Parte
The defendant did not enter appearance despite being served notice and also failed to file a written statement. Due to this, the matter proceeded ex parte, meaning the Court heard the case without the defendant’s side.After examining the submissions and documents placed on record, the Court held that Impresario had established infringement and passing off.
‘SOCIAL’ Used Since 2014, Court Notes Expansion
While considering Impresario’s request to declare SOCIAL as a well-known trademark, the Court noted the long and consistent use of the mark.“The Plaintiff has been using the Plaintiff’s Marks continuously and uninterruptedly at least since the year 2014. The Plaintiff has been expanding its foothold in the hospitality industry. The Plaintiff has further obtained Registrations for the Plaintiff’s Marks," the Court noted.
Justice Karia also referred to the commercial scale and brand value built by SOCIAL through revenue and major marketing investments.
“The Plaintiff has earned considerable goodwill and reputation in India which is evident from the enormous revenue earned by the Plaintiff since FY 2014-15… 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 further observed that the brand has achieved strong recall and recognition in the hospitality sector.
“The Plaintiff’s Marks have attained substantial recognition and are widely associated with the hospitality industry among relevant stakeholders… significant investment in marketing activities and consistent visibility within India’s hospitality sector," it said.
Court Declares ‘SOCIAL’ A Well-Known Mark
Based on the evidence and documents on record, the Court concluded that SOCIAL met the legal requirements to be declared a well-known trademark under the law.
“Considering the averments and documents on record, the Plaintiff has established that the Plaintiff’s Marks, ‘SOCIAL’ … have acquired the status of Well-Known Marks within the meaning and scope of Section 2(1)(zg) of the Act," the Court held.
The High Court has also permanently restrained The Shake Social from using the mark SOCIAL or any deceptively similar variant in relation to its business.
Impresario Entertainment and Hospitality Pvt Ltd was represented by Advocates Shikha Sachdeva, Kriti Rathi and Annie Jacob.
