Bombay HC issues interim injunction to Metro Brands against Nice Shoes over 'DesiMochi'

New Delhi: Metro Brands, the Indian footwear speciality retailer, has secured legal protection for its  trademark “Mochi.” 

The Bombay High Court declared “Mochi” a “well-known mark” under the Trademarks Act, following a trademark infringement case against Nice Shoes LLP, which had used the mark “DesiMochi” for its products and website.

The case arose when Metro Brands filed a lawsuit accusing Nice Shoes LLP of using the confusingly similar mark “DesiMochi” on their website, which sells various products, including footwear. Metro Brands argued that this use was likely to mislead consumers and damage the reputation of its long-established “Mochi” brand, which has been recognised in India since 1977.

In its ruling, the court emphasised that the addition of the prefix "DESI" to “Mochi” did not eliminate the confusion between the two marks. The Court granted Metro Brands an interim injunction, restraining Nice Shoes from using “Desimochi” and ordering the transfer of the domain “www.desimochi.com” to Metro Brands.

“We are pleased with the Court’s decision, which reaffirms the strength and recognition of the ‘Mochi’ brand in India. Metro Brands remains committed to safeguarding its intellectual property and ensuring that its customers are not misled by counterfeit or infringing products,” said Deepa Sood, Vice-President Legal & Company Secretary, at Metro Brands. "We will continue to take strong legal measures to protect the integrity of our brands and maintain the trust that our customers have placed in us for decades."