Delhi High Court Refers Long-Running ‘SOCIAL’ Trademark Dispute to Mediation, Issues Notice in ‘SOCIAL HOUSE’ Appeal
The Delhi High Court has taken a significant step toward resolving a prolonged trademark battle in the hospitality sector by referring the dispute between the proprietors of the “SOCIAL HOUSE” and “SOCIAL” marks to mediation. While issuing notice on the appeal filed by Vardhaman Choksi, proprietor of the “SOCIAL HOUSE” trademark, a Division Bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora directed the parties to explore an amicable settlement through the Delhi High Court Mediation and Conciliation Centre.
The appeal challenges a judgment dated 10 April 2026, whereby a Single Judge of the Delhi High Court ordered cancellation of the registered “SOCIAL HOUSE” trademark. The earlier decision held that the mark had not been genuinely used for restaurant and hospitality services for the statutory period required under the Trade Marks Act, 1999. The Court also concluded that “SOCIAL” had acquired distinctiveness in the hospitality industry and could not be treated as a generic expression.
In the present appeal, the appellant contends that the “SOCIAL HOUSE” mark was adopted and commercially used as early as 2011 in Mumbai, including in connection with hospitality ventures associated with Escobar, prior to the respondent’s adoption of the “SOCIAL” brand. The appellant argues that the Single Judge failed to properly appreciate evidence demonstrating prior adoption, bona fide commercial use, and the statutory rights available under the Trade Marks Act. The appeal further disputes the finding of non-use under Section 47, asserting that rectification proceedings were initiated within the prescribed statutory period and that ongoing litigation substantially restricted commercial exploitation of the mark.
The appellant has also challenged the observations in the earlier judgment describing him as a “trademark squatter.” According to the appeal, such remarks travelled beyond the issues arising in the rectification proceedings and have caused serious commercial and reputational prejudice. The appellant seeks expunging of these findings in addition to restoration of the trademark registration.
During the hearing before the Division Bench, counsel for both sides indicated their willingness to explore a negotiated settlement. Taking note of this consensus, the High Court referred the matter to mediation under the aegis of the Delhi High Court Mediation and Conciliation Centre. Simultaneously, the Court issued notice in the appeal and directed the parties to file their written submissions before the next hearing. The matter has been listed before the Division Bench on 21 August 2026 to consider the outcome of the mediation proceedings.
The dispute is being closely watched within intellectual property circles because it concerns the protection of brand identity in India’s rapidly expanding hospitality industry. The outcome may provide important judicial guidance on issues relating to prior adoption, genuine commercial use, cancellation of trademarks for non-use under Section 47 of the Trade Marks Act, and the balance between protecting established brands and preserving fair competition in the marketplace.
