Impresario Entertainment And … vs Sid Luxury Homes Llp on 10 April, 2026

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    Delhi High Court – Orders

    Impresario Entertainment And … vs Sid Luxury Homes Llp on 10 April, 2026

    Author: Tushar Rao Gedela

    Bench: Tushar Rao Gedela

                  $~21
                  *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +         CS(COMM) 380/2026
    
                            IMPRESARIO ENTERTAINMENT AND HOSPITALITY PVT. LTD.
                                                                             .....Plaintiff
                                         Through: Ms. Shikha Sachdev, Mr. Annie Jacob
                                                  and Mr. Jaskaran Bindra, Advocates.
    
                                                          versus
    
                            SID LUXURY HOMES LLP                                                                      .....Defendant
                                         Through:                             None.
    
                            CORAM:
                            HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                          ORDER
    

    % 10.04.2026
    I.A. 9769/2026 (Additional Documents)

    1. The present application has been filed on behalf of the plaintiff under
    Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (‘CPC‘) as
    applicable to commercial suits under the Commercial Courts Act, 2015 (‘CC
    Act
    ‘) seeking leave to place on record additional documents.

    SPONSORED

    2. The plaintiff is permitted to file additional documents in accordance
    with the provisions of the CC Act and the Delhi High Court (Original Side)
    Rules, 2018.

    3. Accordingly, the application stands disposed of.
    I.A. 9771/2026 (Pre-Institution Mediation)

    4. This is an application filed by the plaintiff seeking exemption from
    instituting pre-litigation Mediation under Section 12A of the CC Act.

    5. As the present matter contemplates urgent interim relief, in light of the
    judgment of the Supreme Court in Yamini Manohar vs. T.K.D. Keerthi:

    CS(COMM) 380/2026 Page 1 of 12

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 15/04/2026 at 21:00:14
    (2024) 5 SCC 815, exemption from the requirement of pre-institution
    Mediation is granted.

    6. The application stands disposed of.

    I.A. 9770/2026 (Exemption)

    7. This is an application filed on behalf of the plaintiffs under Section 151
    of CPC seeking exemption from filing original documents along with the
    captioned suit.

    8. Exemption allowed, subject to just exceptions. However, original
    documents be filed within four weeks with an advance copy to the defendant.

    9. The application stands disposed of.

    I.A. 9768/2026 (Order XXXIX Rules 1 & 2, CPC)

    10. Present application has been filed on behalf of the plaintiff under Order
    XXXIX Rules 1 & 2 of CPC, 1908 seeking ex-parte ad-interim injunction
    against the defendant.

    11. Plaintiff claims that it is a company incorporated under the Companies
    Act, 1956
    and having its registered office in Mumbai and carrying out
    business in Delhi from its corporate office at New Delhi. Plaintiff claims that
    in the year 2011-2012, thought of a unique concept of blending the best of
    office and cafe by offering to the general public a collaborative work space
    and a multi cuisine. Plaintiff further claims that the trademark “SOCIAL” was
    adopted in respect of such cafes. The first “SOCIAL” restaurant/bar of the
    plaintiff was opened in the year 2014 in Bengaluru.

    12. Plaintiff claims that since the business model of the plaintiff was to
    open multiple “SOCIAL” restaurants/bars in one city, they coined the unique
    concept of prefixing the trademark “SOCIAL” with the particular area of the
    city in which the restaurant/bar would be located. Plaintiff claims that it also
    represents the trademark “SOCIAL” in the distinctive stencil font and

    CS(COMM) 380/2026 Page 2 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 15/04/2026 at 21:00:14
    purchased rights in the distinctive stencil font and purchased rights in the
    distinctive stencil font to represent the trademark “SOCIAL” in the color
    orange in the stencil font. The same is enumerated in para 8 of the plaint is
    extracted hereunder:-

    The depiction of the trademark “SOCIAL” in the stencil font amounts
    to ‘artistic work’ under Section 2(c) of the Copyright Act, 1957, which has
    been created by the plaintiff.

    13. Plaintiff claims that it has set up, is managing and operating fifty-two
    (52) “SOCIAL” restaurants/bars pan India including places like Delhi NCR,
    Chandigarh, Dehradun, Mumbai, Pune, Goa, Bengaluru, Hyderabad, Kolkata
    and Lucknow.

    14. Plaintiff claims that it is the registered proprietor of the trademark
    “SOCIAL” and its variants in various classes. It further claims that it has over
    a hundred registrations for the trademark “SOCIAL” and its variants, which
    are being filed in the present proceedings. The list detailing the plaintiff’s
    registrations for the trademark “SOCIAL” and its formatives in class 43 as
    enumerated in para 13 of the plaint and some of them are extracted
    hereunder:-

    S.No. Trademark Reg.No. Class Date Of Date Of
    Application Use
    1 SOCIAL 3544303 43 May 8, 2017 February
    01, 2014
    2 3387388 43 October 14, August
    2016 06, 2014

    CS(COMM) 380/2026 Page 3 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 15/04/2026 at 21:00:14
    3 6448671 43 May 24, February
    2024 24, 2014
    4 2736070 43 May 13, March 03,
    2014 2014
    5 2975785 43 June 01, May 11,
    2015 2015
    6 5310138 43 February 02, Proposed to
    2022 be used

    7 4048793 43 January 07, August 22,
    2019 2018

    8 5001192 43 June 11, November
    2021 20, 2020

    9 SOCIAL OFFLINE 2781081 43 July 25, February
    2014 01, 2014
    10 2382250 43 August 21, August 08,
    2012 2012
    11 2382253 43 August 21, August 08,
    2012 2012
    12 3082317 43 October 20, Proposed to
    2015 be used

    15. Plaintiff claims that it also owns and operates an exclusive website at
    <www.socialoffline.in>. Plaintiff claims that the website is dedicated solely to
    the plaintiff’s business, products, restaurants and/or bars under “SOCIAL”
    trademark. The plaintiff also advertises all its restaurants, including
    “SOCIAL” restaurants/bars on its group/corporate website
    <https://impresario.in/>. Plaintiff claims that “SOCIAL” marks also enjoy
    extensive and widespread social media presence. The plaintiff is active on
    popular social networking sites such as Instagram, Facebook, Twitter and
    YouTube. The screenshot features the internet presence of plaintiff’s
    trademark “SOCIAL” and its variants on social media as enumerated in para
    20 of the plaint. The same is extracted hereunder:-

    CS(COMM) 380/2026 Page 4 of 12

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 15/04/2026 at 21:00:14
    SOCIAL MEDIA SCREENSHOT
    Facebook
    https:/www.facebook.com/Social
    Offline
    (Followers:

    66,000)

    Instagram
    https://www.instagram.com/social
    offline/
    (Followers:

    1,80.000)

    YouTube
    https://www.instagram.com/social
    offline/
    (Followers:

    1,80,000)

    16. Plaintiff claims that its restaurants are also listed on several third-party
    restaurant search engine guides such as Zomato, Swiggy, Dineout, Eazydiner
    etc and also deliver food/beverages through its own website
    https://order.socialoffline.in/. Plaintiff claims that its restaurant “SOCIAL”

    has been featured in Bollywood films being Tamasha, Gully Boy, Rockstar
    and OTT movies/series such as Made in Heaven, Moving in with Malaika
    Arora etc. Plaintiff further claims that in the year 2024, also collaborated with
    Nestle India to launch a test phase for Maggi Professional’s plant-based
    menu.

    17. Plaintiff’s net revenue owing to its sale under the brand “SOCIAL” as
    enumerated in para 24 of the plaint disclosing the net revenue in the year
    2014-2015 at Rs.39,26,05,034/- which reached net revenue of

    CS(COMM) 380/2026 Page 5 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 15/04/2026 at 21:00:14
    Rs.5,89,39,64,082/- in the year 2024-2025. The plaintiff has spent substantial
    amounts on advertisement and promotion under the brand “SOCIAL” which
    has been detailed in para 25 of the plaint. In the year 2014-2015 the expenses
    were approximately Rs.8,44,933/- while in the year 2024-2025 it reached
    Rs.29,19,78,858/-.

    18. Plaintiff also claims that the trademarks SOCIAL/ , has
    been declared to be a well-known trademark under Section 2(1)(zg) of the
    Trade Marks Act, 1999 by this Court vide its order dated 09.01.2026 in
    CS(COMM) 121/2025 titled “Impresario Entertainment & Hospitality Pvt.
    Ltd. Vs. M/S The Shake Social Through Its Proprietor”.

    19. Plaintiff claims that the trademark “SOCIAL” has been obtaining
    injunction orders from various courts/tribunals/regulatory bodies, including
    this Court. The details as enumerated in para 28 of the plaint is extracted
    hereunder:

    S.NO Case Number/Title Infringing Trade Date of Order
    Mark
    1 CS(COMM) 121/2025 09/01/2026
    Impresario Entertainment &
    Hospitality Pvt Ltd vs M/s The
    Shake Social through its
    Proprietor
    2 CS(COMM) 1150/2025 29.10.2025
    Impresario Entertainment &
    Hospitality Pvt. Ltd. Vs. M/s.

    Social Kitchen Thr its Proprietor

    3 CS(COMM) 714/2024 27.08.2024
    Impresario Entertainment &
    Hospitality Pvt Ltd vs M/s Star
    Hospitality

    CS(COMM) 380/2026 Page 6 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 15/04/2026 at 21:00:14
    4 CS(COMM) 702/2023 06.10.2023
    Impresario Entertainment &
    Hospitality Pvt. Ltd. Vs. China
    Social
    through its Proprietor

    5 CS(COMM) 773/2022 11.11.2022
    Impresario Entertainment &
    Hospitality Pvt Ltd. Vs. Social
    Hub
    thr its Proprietor

    6 CS(COMM) 826/2017 Social House 06.12.2017
    Impresario Entertainment &
    Hospitality Pvt Ltd. Vs.
    Vardhaman Choksi & Anr
    .

    7 CS(COMM) 1663/2016 22.12.2016
    Impresario Entertainment &
    Hospitality Pvt Ltd. Vs. Mr.
    Mohammad Wajahat Ali,
    Proprietor

    20. Plaintiff claims that sometime in July 2025, it came to know that the
    defendant is engaged in the hospitality business of providing serviced
    apartment under the impugned trademark “SOCIAL LIVING ELEVATED/

    ” in Hyderabad, Telangana. Upon conducting internet
    searches into the defendant’s business, the plaintiff came to know that the
    defendant is operating the domain name <https://www/siroyale.com/> and
    also advertising its accommodation services under the impugned trademark
    through several social networking websites including Instagram, Facebook,
    YouTube, X, LinkedIn and on third-party websites including MakeMyTrip,
    Goibibo, TripAdvisor, Booking.com, Google Maps etc. The defendant is also
    operating an app under the impugned trademark on the IOS App Store.

    CS(COMM) 380/2026 Page 7 of 12

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 15/04/2026 at 21:00:14

    21. Plaintiff further claims that upon conducting a search of the records
    maintained by the Trade Marks Registry, the plaintiff came to know that in
    November, 2024, the defendant filed an application for registration of the
    impugned trademark “SOCIAL LIVING ELEVATED” in Class 43. The
    details of the impugned application are as below:

    TRADE APPLICATION APPLICATION USER STATUS CLASS
    MARK NO. DATE CLAIM
    Social 6708991 14/11/2024 Proposed to Formalities 43
    Living be used Chk Pass
    Elevated

    22. Plaintiff claims that it issued a Cease and Desist Notice dated July 18,
    2025 demanding cessation of the plaintiff’s trademark “SOCIAL”, as part of
    its trademark/name, to withdraw the impugned trademark application and
    takedown the impugned trademark from all online and offline
    listings/platforms/channels. Plaintiff further claims that it received a response
    letter dated 14.08.2025 from defendant, refusing to cease and desist from
    using and registering the impugned trademarks.

    23. Plaintiff claims that the defendant’s house mark is “SID ROYALE”

    and the defendant has no reasoning to adopt “SOCIAL” as a part of its
    trademark.

    24. Plaintiff claims that on account of continuous, extensive and exclusive
    use and publicity by the plaintiff, the trademark SOCIAL of the plaintiff has
    acquired immense goodwill, reputation and fame, such that the use of any
    identical and/or deceptively similar mark/name, especially comprising of the
    word “SOCIAL” by another trader not connected to plaintiff, in respect of any
    goods or services whatsoever, is bound to cause confusion and deception in
    the minds of consuming public and members of trade.

    25. Predicated on the above, plaintiff seeks an ex-parte ad-interim
    injunction.

    CS(COMM) 380/2026 Page 8 of 12

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 15/04/2026 at 21:00:14

    26. Heard Ms.Shikha Sachdev, learned counsel for the plaintiff and perused
    the documents and the plaint on record.

    27. The comparison between the trademark of the plaintiff and defendant
    as enumerated in para 32 are extracted hereunder:-

    Plaintiff’s Trade Marks Defendant’s Manner of Use
    SOCIAL SOCIAL LIVING ELEVATED

    28. From the above, it is clear that the trademark of the plaintiff “SOCIAL”
    has been declared a well-known trademark by this Court and is thus entitled
    to a higher statutory protection. The facts also reveal that the plaintiff has
    almost 100 registrations of the mark “SOCIAL” and its formative marks and
    has a large presence all over the country in various cities and has created a
    brand exclusive to its trademark “SOCIAL”.

    29. It is also noted that the defendant applied for the impugned mark

    “SOCIAL LIVING ELEVATED/ in class 43 on 14.11.2024 on a
    “proposed to be used basis”. The documents reveal that the defendant offers
    its services in Class 43 in relation to Service Apartments in Hyderabad.
    Though the mark “SOCIAL” is not a predominant part of the the label of the
    defendant, yet the trademark “SOCIAL” of the plaintiff is encompassed and

    CS(COMM) 380/2026 Page 9 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 15/04/2026 at 21:00:14
    fully subsumed in the mark “SOCIAL LIVING ELEVATED” of the
    defendant. There does not appear to be any reason for the defendant to have
    adopted the said registered mark of the plaintiff. The goods and services
    offered by both the parties appear to be similar to the extent that the goods
    and services offered by the defendant are allied and cognate to those of the
    plaintiff.

    30. There could be a clear issue of confusion in the minds of the unwary
    general public with average intelligence and imperfect recollection as to
    whether the goods and services availed of from the defendant are those of the
    plaintiff or at least are associated with the plaintiff.

    31. Thus, evidently, the plaintiff has been able to establish a strong prima
    facie case in its favour and against the defendant. The balance of convenience,
    keeping in view the documentary evidence of the plaintiffs registrations and
    declaration of its mark “SOCIAL” as well known by this Court and the sheer
    number of the registrations obtained by the plaintiff of the mark “SOCIAL”
    and its various formative marks clearly tilt the balance in favour of the
    plaintiff. The plaintiff shall suffer irreparable loss and injury which may not
    be adequately compensated in monetary terms in case ex-parte ad-interim
    injunction orders are not passed.

    32. Accordingly, the following directions are passed:

    a. Defendant, its directors, principals, proprietors, partners, officers,
    employees, agents, distributors, suppliers, affiliates, subsidiaries,
    franchisees, licensees, representatives, group companies and assignees
    are restrained from using, offering its services, marketing and
    advertising its business and/or allowing or permitting third parties to
    use, market and/or advertise the trade mark “SOCIAL” and/or any
    other trade mark or name identical and/or similar to the plaintiff’s trade
    mark “SOCIAL” and its variants either as a trademark, trade name,

    CS(COMM) 380/2026 Page 10 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 15/04/2026 at 21:00:14
    corporate name, domain name, social media handles, email address or
    part thereof and/or in any other manner whatsoever.
    b. Defendant is directed to remove all references of the impugned
    trademark from all third-party websites where the defendant’s goods
    and/or services are sold, offered for sale, promoted and/or advertised
    under the impugned trademarks “SOCIAL LIVING ELEVATED/

    ” and/or any other trademark identical/deceptively similar

    to the plaintiff’s trademarks.

    c. Defendant is directed to discontinue and provide to the plaintiff a full
    and fair disclosure of all websites/domain names/email address
    obtained by the defendant which is similar and/or contains the
    plaintiff’s trademark “SOCIAL” within four weeks from service.

    33. Issue notice.

    34. Let a reply to this application be filed by the defendant within four
    weeks from service. Rejoinder, thereto, if any, be filed within two weeks
    thereafter.

    35. Compliance of Order XXXIX Rule 3 of CPC shall be done within ten
    (10) days from date.

    CS(COMM) 380/2026

    36. Let the plaint be registered as a suit.

    37. Upon filing of the process fee, issue summons of the suit to the
    defendant through all permissible modes.

    38. The summons shall state that the Written Statement shall be filed by the
    defendant within 30 days from the date of the receipt of summons. Alongwith
    the Written Statement, the defendant shall also file Affidavit of

    CS(COMM) 380/2026 Page 11 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 15/04/2026 at 21:00:14
    Admission/Denial of the documents of the plaintiff, without which the
    Written Statement shall not be taken on record.

    39. Liberty is granted to the plaintiff to file Replication, if any, within 30
    days from the receipt of the Written Statement. Along with the Replication
    filed by the plaintiff, an Affidavit of Admission/Denial of the documents of
    defendant be filed by the plaintiff, without which the Replication shall not be
    taken on record.

    40. In case any party is placing reliance on a document, which is not in
    their power and possession, its details and source shall be mentioned in the
    list of reliance, which shall also be filed with the pleadings.

    41. If any of the parties wish to seek inspection of any documents, the same
    shall be sought and given within the prescribed timelines.

    42. List before the Joint Registrar (Judicial) on 15.07.2026 for completion
    of service and pleadings.

    43. List before the Court on 04.08.2026.

    TUSHAR RAO GEDELA, J
    APRIL 10, 2026
    rl

    CS(COMM) 380/2026 Page 12 of 12
    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 15/04/2026 at 21:00:14





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