Mochi Wins Trademark Battle Against Desimochi

In a victory for Metro Brands Ltd., the Bombay High Court has granted an interim injunction against Nice Shoes LLP over the use of the trademark 'Desimochi'. The court found that the 'Desimochi' trademark was confusingly similar to Metro Brands' registered trademark 'Mochi'.

Metro Brands, a well-established footwear retailer, argued that the 'Mochi' trademark has been in use since 1977 and has acquired significant goodwill and recognition. The company claimed that the addition of the prefix 'desi' to the 'Mochi' trademark does not create a sufficient distinction between the two brands.

The court agreed with Metro Brands' argument, stating that the mere addition of a generic prefix cannot negate the similarity between the two trademarks. The court emphasized that the 'Mochi' trademark has acquired a strong reputation and that consumers may be misled into believing that 'Desimochi' products are associated with Metro Brands.

Nice Shoes LLP argued that the term 'Mochi' is a generic term for a cobbler or shoemaker and that it has the right to use the 'Desimochi' trademark. However, the court rejected this argument, stating that the 'Mochi' trademark has acquired a distinctive character and is not merely a generic term.

The court's decision highlights the importance of protecting strong trademarks and preventing consumer confusion. It also underscores the need for businesses to carefully consider the potential impact of their trademark choices on existing brands.

This case serves as a reminder that trademark infringement can have serious legal consequences. Businesses must be mindful of their trademark rights and take appropriate steps to protect their brands.