Interim Relief to ‘Mochi in trademark dispute against ‘Desimochi’
- Case Name: Metro Brands Ltd. vs. Nice Shoes LLP
- Judge(s): Justice RI Chagla, Bombay High Court
- Advocate(s): Rashmin Khandekar (P) & Raj Dhani (R)
Metro Brands, owner of the 'MOCHI' brand since 1977, sues Nice Shoes for using a similar name, 'DESIMOCHI' (2017). Metro argued this could confuse customers, just adding 'DESI' to 'MOCHI' doesn’t differentiate the name enough.
Nice Shoes contended that 'MOCHI' is a generic term in India, for and argued that the addition of 'DESI' to 'MOCHI' made the name unique and eliminated any confusion, as it suggested an Indian origin.
The Bombay High Court sided with Metro, recognizing 'MOCHI' as a well-known trademark under Section 2(1)(zg) of the Trade Marks Act. It barred Nice Shoes from using 'DESIMOCHI' and ordered them to transfer the domain 'desimochi.com' to Metro.
The Court relied on Bal Pharma Ltd. v. Centaur Laboratories Pvt. Ltd. (2001) and Merck KgaA v. Natco Pharma Ltd. (2012).
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