Delhi High Court restrains confectionary Facebake from using deceptively similar 'Facebook' mark
FirstpostThe plaintiff told the court that it was aggrieved by the adoption of the mark ‘Facebake’ by the defendant, which mimicked the visual presentation of ‘Facebook’ by copying the colour scheme, font, commercial impression, and overall look and feel New Delhi: The Delhi High Court has permanently restrained the owner of a confectionary under the name ‘Facebake’ from using any mark which is deceptively similar to that of social media company Meta Platforms, Inc’s ‘Facebook’ mark. The judge noted that the use of a mark similar to ‘Facebook’ can lead to an unwary consumer being at least interested in taking note of the defendant as having some kind of connection with the plaintiff and the mala fide intent of the defendant was also evident from the fact that after an interim injunction was passed against the use of ‘Facebake’, the defendant changed the mark to ‘Facecake’ and chose not to defend the suit. The court permanently restrained the defendant, its subsidiaries, affiliates as well as anyone acting for or on its behalf from using the ‘Facebake’ marks, the domain name and email address containing the word ‘Facebake’, the mark ‘Facecake’, Facebook’s visual presentation and any other deceptively similar mark concerning its products and services. The plaintiff told the court that it was aggrieved by the adoption of the mark ‘Facebake’ by the defendant, which mimicked the visual presentation of ‘Facebook’ by copying the colour scheme, font, commercial impression, and overall look and feel.