Bombay High Court Orders Meta To Suspend SWISSTOURS Trademark-Infringing Instagram Account

The Bombay High Court has ordered Meta to suspend an account accused of infringing the 'SWISSTOURS' trademark after finding that the handle continued operating despite an earlier restraining order.

Justice Sharmila U. Deshmukh, in an order passed on May 4, directed the social media platform to take all steps within its power to suspend, lock, or disable public access to the impugned Instagram handle after noting that it remained active despite an ad-interim injunction granted in December last year.

The court was hearing a trademark infringement suit filed by Airline Marketing Services India Private Limited, which owns the registered 'SWISSTOURS' mark, against a John Doe defendant operating the Instagram account.

Counsel for Airline Marketing Services told the court that Instagram had, on February 9, 2026, disclosed only the email address and WhatsApp number linked to the impugned account.

Copies of the court's earlier order and the legal papers were then served on the account operator through email and WhatsApp. An Instagram direct message containing a link to the order and the case papers was also sent. However, there was no response.

Airline Marketing Services further submitted that despite being served, the account remained active, resulting in continued infringement of its registered trademark.

Recalling its earlier findings, the court noted that in its December 19, 2025 order, it had already found a prima facie case of infringement, observing that the account operator was using an identical trademark for travel services in a manner likely to cause confusion among members of the public, who could mistake the account for the plaintiff's official platform.

“By the order of 19th December 2025, this Court had come to a prima facie finding of infringement of the Plaintiff's registered trademark and had found that the Defendant No.1 is using an identical trademark in respect of its travel services which would result into confusion and deception being caused amongst the general public, who may book their tours through the Defendant's social media account, assuming the same to be Plaintiff's official website," the court said.

Holding that the account operator had continued the infringing activity despite service of the proceedings, the court said disabling access to the account was now necessary to enforce its earlier injunction.

“Despite the service of the papers and proceedings through email and WhatsApp, the Defendant No.1, has continued with the infringing activities. The only way to restrain the continuation of the infringing activities is now to disable public access to the Instagram handle identified at Exhibit 'C' of the plaint, to give effect to the ad-interim order dated 19th December 2025,” the court held.

Accordingly, the court granted interim relief directing Instagram to suspend or disable public access to the account. The matter will next be heard on July 8, while the ad interim relief will continue till then.