Bombay High Court Confirms Ad-Interim Relief For Jawed Habib In Trademark Dispute With Ex-Franchisee
The Bombay High Court on 17 February, confirmed the ad-interim relief granted to Jawed Habib Hair and Beauty Limited in its dispute with an ex-franchisee, Kavita Janki Services Pvt Ltd, over trademark and copyright infringement.
Justice Sharmila U. Deshmukh noted that Kavita Janki Services had failed to respond to the court's earlier prima facie findings and upheld the protections originally granted in favour of the popular hair salon franchise on 6 January 2026.
The Bench observed:
“In the absence of any response by the Respondent to displace the prima facie findings, there is no reason as to why the ad-interim relief should not be confirmed as interim relief.”
Jawed Habib Hair and Beauty had filed the interim application against its ex-franchisee to obtain a formal injunction against the unauthorized use of its registered trademarks and original artwork.
The company acted after the respondent continued to display and use the “Jawed Habib” name and logo, despite receiving a cease-and-desist notice and no longer being an authorized franchisee.
To establish its standing, Jawed Habib submitted detailed records of its year-wise turnover from franchisee royalties, demonstrating the significant reputation and goodwill the brand has cultivated across its numerous franchises nationwide.
The High Court found that this continued use constituted a prima facie case of passing-off, observing:
“The material on record is prima facie sufficient to demonstrate the misrepresentation by the Respondent which is likely to cause damage to the reputation and goodwill of the Plaintiff.”
The Bench noted that the respondent continued operating under the “Jawed Habib” name and logo despite the cease-and-desist notice and accordingly, confirmed the interim relief in favour of Jawed Habib Hair and Beauty.
For Jawed Habib: Advocates Nidhi Bangera, B. N. Poojari, Suresh Poojary, Rahul Poojari and Karishma Sawant i/b Legal House