Delhi HC Temporarily Bars Use Of 'YESHA SANT' Trademark, Orders Takedown of Listings Using Kareena Kapoor Images

The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Yesha Sant Designs Pvt. Ltd., restraining an e-commerce seller from using the registered trademark “YESHA SANT” and directing it to remove infringing listings and content across platforms.

The court held that there was a prima facie case of unauthorised adoption and infringement of the registered trademark, noting that customers appeared to be confused about whether the defendants' products originated from or were associated with the plaintiff.

Yesha Sant Designs Pvt Ltd, a handcrafted apparel brand, had moved the court against Vidhi Singhal, trading as VAIRE.IN, alleging that the defendant copied its mark, product images, and website content to sell products alleged to be imitations.

The plaintiff said its Bandhani garments came into the spotlight after actor Kareena Kapoor Khan was photographed wearing them. The images quickly spread across social media and were picked up by several media outlets.

It alleged that the defendants then lifted those very images, along with the accompanying product descriptions from its website, and used them to market their own goods, blurring the line for consumers about where the products were actually coming from.

Justice Tushar Rao Gedela noted that the material on record showed that the defendants had lifted images of a popular actress wearing the plaintiff's garments along with the unique literature available on its website.

“So far as the alleged violation of the registered trademark YESHA SANT of the plaintiff is concerned, it appears from the documents placed on record that the defendants have lifted the images of a popular actress wearing what is claimed by the plaintiff to be its BANDHANI model shirt/top and the unique literature available on the plaintiff's website,” the court observed.

The court also took note of screenshots indicating that customers were confused about the origin of the products and that the parties operated in the same trade channels catering to a common consumer base.

Holding that a prima facie case of trademark infringement had been established, the Court restrained the defendants from manufacturing, selling or offering for sale any products bearing the “YESHA SANT” mark or anything deceptively similar.

It also ordered the takedown of all references to the impugned products across platforms. This includes listings and images carrying the “BANDHANI RABARI” and “BANDHANI TATTOO” marks on the defendants' websites, social media pages, and third-party e-commerce sites.

The Court made it clear that the plaintiff was not pressing any copyright claim. At this stage, the protection granted is limited to its statutory and common law rights in the trademarks.

With notice issued, the defendants have been asked to file their response within the stipulated timeline.