Meta platforms, which owns Facebook, has recently filed a case against a Bangalore-based cake shop. As per the reports, the Delhi High Court has permanently restrained the bakery owner from using the name “Facecake” and “Facebake.” Along with this, the court has barred the bakery from using any trademark resembling Facebook for its products and services, and also the website facebook.in.
Justice Navin Chawla has ordered the bakery owner to deliver all completed and uncompleted materials which include cards, locks, stationery, accessories, labels, signage, and other materials having the ‘Facebake’ marks. These materials would be delivered to Meta for the purpose of erasure.
In addition to this, the shop owner has been ordered to pay a penalty of RS. 50,000 to Meta as a nominal charge. The bakery’s name and its signage are exactly like Facebook’s official colors and patterns. Even the logo of the shop strongly resembles Facebook’s logo.
Facebook filed the case against the bakery owner back in 2020
The social media giant Facebook has not filed a suit against the bakery owner recently. The social media platform filed the case back in 2020. The case was then confirmed in January 2021 but no one appeared on the behalf of defendants. Later, Meta apprised the court that the owner of the bakery has incorporated a company named ‘Ehrlich Food and Beverages Pvt Ltd’ whose trademark is similar to Facebook.
Facebook’s counsel argued in the court that the bakery was degrading Facebook’s trademark which is creating confusion among the public.
Here’s what the order reads:
“It can lead to an unwary consumer being at least interested in taking note of the defendants as having some kind of connection with the plaintiff. The mala fide intent of the defendants is also evident from the fact that upon the knowledge of the ad-interim injunction passed by this court, the defendants changed the mark from Facebook to Facecake, thereby changing only one alphabet, however, chose not to appear before this court to defend the suit despite service,” the order reads.
