The Delhi High Court has restrained an Indian businessman from using the ‘Barbie’ trademark or any other deceptively similar mark in his business operations after toy major Mattel filed a suit for trademark infringement.
As per media reports, Justice Manmeet Pritam Singh Arora, in an interim order dated September 9, has held that defendant Padum Borah’s use of names such as Barbie Enterprises, Barbie Kitchen and Barbie Catering amounted to creating initial interest in his products and that the continued usage of such marks would cause irreparable harm to Mattel Inc., the owner of the globally recognised Barbie brand.
The Court has observed that Mattel has established a prima facie case in its favour and that the balance of convenience also lies with the plaintiff. Accordingly, it has directed Borah to cease using the Barbie trademark, remove all social media accounts and posts featuring the name, and ensure suspension of domain names incorporating the mark.
Mattel has owned the Barbie trademark in India since 1985 and has used it extensively since 1987. The company approached the Court after learning in August 2024 that Borah had applied for and was using marks such as Barbie One Stop Solution for HORECA Foods, Barbie Enterprises, and Barbie Hospitality for commercial kitchen equipment and catering services. Despite a cease-and-desist notice being issued, the defendants did not respond.
After hearing the matter, the Court has held Mattel to be the registered proprietor of the Barbie trademark and accordingly granted the injunction.
Advocates Shwetasree Majumder, Prithvi Singh, Prithvi Gulati and Ritwik Marwaha have appeared for Mattel, while none appeared for the defendants.
