Recently, a trademark infringement lawsuit was filed by Hair Masters, a luxury hair and wellness salon chain, against The Hair Master’s Hair & Beauty Lounge, an Ahmedabad-based salon.
The plaintiff operated in over 25 salons in seven states in India, including salons frequented by Bollywood celebrities such as Madhuri Dixit, Yami Gautam, Kangana Ranaut, Ayushmann Khurrana, Arjun Rampal, Rakhi Sawant, Gulshan Grover, and Vani Kapoor.
Hair Masters alleged that the defendant salon’s use of the trademark “The Hair Masters” and the logo with scissors was identical to their own registered trademark and logo. The plaintiff claimed to have been using the trademark since April 1, 2014, and had registered it in 2014.
The Delhi High Court granted an interim injunction in May 2022, restraining the defendant from using the trademark and the logo with scissors until the next hearing. The court also directed the domain name registrar, GoDaddy, to block the domain name TheHairMasters.in and maintain status quo in respect thereof. The plaintiff had argued before the court that the defendant’s trademark was only registered on September 11, 2019, but they had been using it since October 17, 2017.
In compliance with the court’s previous order, GoDaddy suspended the operation of the domain TheHairMasters.in. During the hearing on February 20, 2023, the plaintiff sought an order directing GoDaddy to transfer their domain name to itself so that it is not misused, which GoDaddy did not object to and was thus ordered by the court.
The defendant salon and its partners did not appear in court or file any response to the trademark infringement lawsuit. The court observed that a prima facie case of infringement of the plaintiff’s registered trademarks by the defendant had been made out. The court also noted that the plaintiff had made out a clear-cut case of infringement within the Trade Marks Act.
The Delhi High Court made the interim injunction permanent and restrained the defendant salon from using the trademark “The Hair Masters” and the logo with scissors. The court also directed the transfer of the domain name http://www.thehairmasters.in to the plaintiff salon. The court permitted the plaintiff to file a certificate of costs incurred before the concerned Taxation Officer/Joint Registrar who would hear the plaintiff to determine the actual costs incurred and award the same, payable only by the defendant salon and its partners. The court decreed the suit in the plaintiff’s favour.
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