PROTECTING BRAND IDENTITY: THE MOCHI TRADEMARK DISPUTE AND ITS IMPLICATIONS

The recent trademark dispute between Metro Shoes and Nice Shoes LLP over the brand name "Mochi" has highlighted critical issues surrounding intellectual property rights in India.

- DEEVANSHU SHRIVASTAVA

The Bombay High Court's ruling, which favored Metro Shoes, underscores the importance of protecting established trademarks and preventing consumer confusion in a competitive marketplace.

Metro Shoes, a prominent player in the Indian footwear industry, has been using the "Mochi" brand since 1977.

The company argued that it has built significant goodwill and recognition associated with this brand, supported by substantial marketing efforts amounting to over 236 crores from 2012 to 2022.

In contrast, Nice Shoes LLP launched its "Desimochi" brand in 2017, prompting Metro to file a lawsuit for trademark infringement and passing off.

The core of Metro's argument was that the use of "Desimochi" was likely to mislead consumers into believing that there was an affiliation between the two brands, thereby damaging Metro's reputation and market position.

The court's decision to grant interim relief to Metro was based on several key observations.

Firstly, Justice R.I. Chagla declared "Mochi" as a well-known trademark under Section 2(1)(zg) of the Trademarks Act, emphasizing its established identity within the footwear sector.