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Recently, Facebook filed a trademark suit against a Delhi bakery shop named “facebake”. The Delhi high court in its decision restrained the bakery from using such a name as its brand name. The Single Bench of Justice Rajiv Shakdher noted that such a decision had to be taken in the best interests of Facebook as it shall be given full protection in such copyrights issues otherwise it would have an adverse effect on its legal rights.
The order came in a civil suit filed by Facebook against the bakery which is selling all bakery items as well as watches and other birthday gifts titled with the brand name of facebake itself. It has also been found that it has been running a website known as “www.facebake.in “. The brand name is a total copy of Facebook and it is ethically wrong to copy the name of such a prestigious social media platform has so much credibility. Mr. Pravin Anand, counsel for the plaintiff who appeared on behalf of facebook said that such conduct is against law. Further, it was contended by him that it would create confusion in the minds of the people as to what products are being sold. In addition to this, the well-known image and goodwill of the plaintiff’s trademark are at risk despite having no such connection with the bakery shop.
The court noted that there has been a prima facie case in favor of the plaintiff and thus the rights of the plaintiff against the defendant must be protected at all costs. The balance of convenience also favors the plaintiff. There are certain rules and regulations when it comes to the brand name and brand value in the market which cannot be taken away by any other market brand or establishment. Therefore, the bakery shop has been restrained by a notice of the Delhi high court to use such a brand name, and thus the case lies in the favor of the plaintiff.
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