A civil suit was filed by FACEBOOK against bakery called ‘FACEBAKE’, which is selling cakes and articles like watches with the mark ‘FACEBAKE’. It was also informed to the court that the bakery is running a website as well, which is called www.facebake.in.
Mr. Pravin Anand who appeared for FACKBOOK argued that the defendant’s bakery was degrading the plaintiff’s well-known trademark and causing confusion in the minds of people at large as to source of its products. The court in light of the submissions stated that the plaintiff had made out a prima facie case in favour and the balance of convenience also appears to be in favour of plaintiff. Mr. Anand further supported the maintainability of the suit before this court by submitting all the evidences. After hearing the arguments of both the sides it was concluded that the defendant bakery its agents and employees were restrained from using the mark “FACEBAKE” or any other mark, which is deceptively similar to plaintiff’s trademark.
Though our constitution has granted freedom of occupation and trade to everyone but there are certain limitation should be followed and the rules and regulations laid down by the law should also be taken into consideration while carrying out trade or occupation. This case lays down that trademarks of a particular person’s creation cannot be used unless obtained with consent. In the following case such a decision was taken in the best interests of FACEBOOK and it was given full protection in such copyright issues otherwise it would have adverse effect on its legal right.