Use of marks ‘facebake’/ ‘facecake’ restrained by Delhi High Court

Meta Platforms Vs Noufel Malol (Delhi High Court)

Held that overall visual representation adopted by the defendants using mark ‘facebake’/ ‘facecake’ clearly depicts the mala fide intent in obtaining unfair advantage by use of the mark similar to the plaintiff i.e. ‘facebook’

Facts-

This suit has been filed by the plaintiff praying inter-aliafor a decree of permanent injunction restraining the defendants from using the mark ‘Facebake’ and/or the domain name www.facebake.in; the email IDs [email protected]; [email protected], as also for seeking rendition of accounts.

The plaintiff is aggrieved of the adoption of the mark ‘Facebake’ by the defendant no.1, which as per the submission of the plaintiff is mimicking the visual presentation by copying the colour scheme, font, commercial impression, and overall look and feel, and thus intentionally trading off the significant goodwill that the plaintiff has established in its ‘Facebook’.

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