Court restrains saloon from using trademark 'Jawed Habib'

A Delhi court has permanently restrained a city-based beauty saloon from using 'Jawed Habib' trademark as its franchisee agreement was cancelled for defaulting in payment of royalty.
"The suit of the plaintiff (M/s Jawed Habib Hair & Beauty Ltd) is partly decreed whereby defendants (M/s VVD Enterprises) their agents, employees, servants and other persons acting on their behalf are permanently restrained from using or displaying the trademark 'Jawed Habib' of the plaintiff for running their business of beauty saloon," Additional District Judge Sunil Kumar Agarwal said.
The court passed the restraint order on a suit filed by M/s Jawed Habib Hair & Beauty Ltd, a Mumbai-based limited company which is engaged in the business of beauty related services, against Delhi-based beauty saloon M/s VVD Enterprises on using the brand name 'Jawed Habib' for running its business.

The suit also sought a decree for a sum of Rs 11,54,568 with interest.
The company alleged that the defendant had approached it for running a beauty saloon at Old Rajender Nagar in Delhi by using the brand name or trademark 'Jawed Habib'.
An MoU was signed between the parties on June 1, 2009 in which VVD Enterprises had agreed to pay sum equivalent to 15 per cent of the total service sales/receipt revenue to Jawed Habib per month as royalty.

Jawed Habib alleged in the suit that after VVD Enterprises started using the trademark for running the saloon services relating to hair styling and care, it failed to pay the agreed royalty.

"As per the books of account of plaintiff, a sum of Rs 11,54,568 as royalty has become due and outstanding against the defendants," the plaint said, adding that several notices were served thereafter but all efforts went in vain.
"Thereafter, the MoU was cancelled by the company on September 30, 2011 but the defendants continued to use the trademark December 25, 2011," it said.