Bombay High Court Declares ‘MOCHI’ Declared a Well-Known Mark
In a significant decision for IP law in India, the Bombay High Court has declared ‘MOCHI’, the popular footwear brand, as a well-known trademark under the Trademarks Act. This ruling, delivered by Justice R.I. Chagla in the case of Metro Brands Ltd. v. Nice Shoes LLP & Ors., sets an important precedent for brand protection in India.
The case revolved around Metro Brands’ trademark infringement claim against Nice Shoes for using the mark ‘DESIMOCHI’ on their products and website. Metro argued that ‘DESIMOCHI’ closely resembled their long-established brand ‘MOCHI’, which has been synonymous with quality footwear since 1977. The Court sided with Metro, granting an injunction and ordering the transfer of the domain “www.desimochi.com” to Metro.
Why This Matters:
- Recognition of Brand Strength: The Court emphasized that ‘MOCHI’ has earned its well-known status through extensive use, significant advertising investments (₹236 crores from 2012–2022), and its presence in over 826 stores across India.
- Precedent for Generic Terms: Despite ‘Mochi’ being a common term referring to cobblers, the Court ruled that the addition of ‘DESI’ did not eliminate confusion or dilute the core identity of Metro’s trademark.
- Consumer Protection: This ruling reinforces the principle that trademarks serve as identifiers of origin and protect consumers from being misled by deceptively similar marks.
Advocates Rashmin Khandekar, Anand Mohan, and Alhan Kayser, representing Metro Brands, successfully argued that Nice Shoes’ use of ‘DESIMOCHI’ was likely to confuse consumers and harm the reputation of ‘MOCHI’. The Court found that the balance of convenience and irreparable harm strongly favored Metro.
For trademark practitioners, this case underscores the importance of building strong brand equity and protecting trademarks, even against subtle attempts at imitation. It’s a reminder of the power of the well-known mark designation in safeguarding IP rights in India.
