Mothercare Global Brand Limited v. Rouf Shah Kawosa Trading as Mothercares Store Momscare Store
Case brief
What is this about?
CS(COMM) 1014/2024, Delhi HC, Jyoti Singh J, 08.01.2026 — MOTHERCARE trade mark suit decreed on DHCMCC settlement: Mothercare Global Brand Ltd/JVCO 2024 Ltd v Rouf Shah Kawosa (Mothercares Store/Momscare Store); infringement, copyright, passing off; ex parte ad interim injunction 14.11.2024; substitution order 05.08.2025; prayers 61(a)-(c) decreed, (d)-(i) incl. Rs.2 crore damages not pressed; TM application 6078972 (Class 25) to be withdrawn; Rs.15,000 token cost; court fees refunded (Court Fees Act 1870); marks regs 268484, 1373023, IRDI3312523.
What did the court decide?
Suit decreed in terms of the Settlement Agreement and prayers 61(a)-(c): permanent injunctions restraining the Defendant, his successors, partners, assigns, licensees and franchisees from using the Impugned Marks/identical or deceptively similar marks/trade names/logos (infringement of registered MOTHERCARE trade marks), from colourable imitation or substantial reproduction of the Plaintiff's logo/artistic work (copyright infringement), and from use of the trade name MOMSCARE (passing off/unfair competition). Settlement Agreement forms part of the decree and binds the parties; Defendant's undertaking to withdraw trade mark application no. 6078972 in Class 25 included. Reliefs 61(d)-(i) (mandatory injunctions, delivery up, rendition of accounts/damages of Rs. 2,00,00,000, well-known declaration, costs) not pressed by Plaintiff. Entire court fees ordered refunded to the substituted Plaintiff.