Bombay High Court Denies Interim Relief To House Of Mandarin In 'HOM' Trademark Dispute

Mumbai: In a significant ruling regarding the legal protection of brand abbreviations, the Bombay High Court has declined to grant interim relief to the well-known restaurant “House of Mandarin” in its trademark infringement suit against a rival establishment using the mark “HOM." Justice Sharmila Deshmukh, on December 19, held that the plaintiff failed to establish a prima facie case for an injunction.

The core of the dispute rested on whether the goodwill associated with the registered name “House of Mandarin” automatically extends to its acronym, “HOM.” The court observed that for such an extension to be legally recognized, a brand must prove that the abbreviation has been consistently used in the public domain and contemporaneously documented as a distinct identifier.

House of Mandarin, which began its operations in 2017, argued that it had become colloquially known as “HOM” among its patrons, the media, and the general public. The plaintiff pointed to its use of the acronym in marketing materials and outlets in Bandra and Powai as evidence of established goodwill. However, the court found these claims insufficient. Justice Deshmukh noted that on major food delivery platforms like Zomato and Swiggy, the restaurant remains listed under its full name, suggesting that “HOM” has not yet eclipsed the primary brand in the public consciousness.

The rival restaurant defended its use of the mark by asserting a bona fide adoption of the name. They explained that “HOM” was derived from the Sanskrit term for fire rituals, aligning with their restaurant's concept of open-fire cooking launched in October 2025. The defendant further highlighted that House of Mandarin’s formal trademark registration was limited to the composite “House of Mandarin” mark and that the plaintiff only applied for the standalone "HOM" trademark after the rival establishment had already opened.

In rejecting the plea for an interim injunction, the court also dismissed the claim of “passing off.” Justice Deshmukh remarked that both businesses cater to a premium and well-informed consumer base, which significantly reduces the likelihood of confusion between the two brands. The court concluded that the elements of misrepresentation and damage to goodwill were not clearly established, allowing the rival restaurant to continue using the "HOM" mark for time being.

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