Bombay High Court Restrains ‘Metro Footwear’ from Infringing Metro Brands’ Mark

The Bombay High Court has recently restrained Metro Footwear Store from using the mark “Metro Footwear”, ruling that it infringed the registered “METRO” trademark of Metro Brands Limited.

The order was passed on November 10, 2025, by a single bench of Justice Sharmila Deshmukh while hearing an interim application alleging trademark infringement and passing off. The court noted that the store repeatedly sought adjournments citing settlement discussions but failed to file a reply, and no one appeared on its behalf during the hearing.

Metro Brands told the court that it has been using the mark “METRO” since 1955 for footwear, bags, accessories, leather goods, and related services. The company highlighted its extensive showroom network across India and its trademark registrations for “METRO” in several classes since December 1972.

The company stated that in December 2022, it discovered a store operating under the name Metro Footwear in the same business. While Metro Brands issued a cease-and-desist notice, the store claimed to have been using the name since 1982.

The court observed that Metro Footwear’s mark fully incorporates the registered “METRO” mark, and the addition of “footwear” is merely descriptive. It recognized Metro Brands’ longstanding use of the mark, supported by sales and promotional evidence, establishing prima facie exclusive rights from its 1972 registration.

On the passing off claim, the court noted that Metro Brands’ goodwill and reputation were well-established. It found that Metro Footwear’s marketing created the prima facie impression that its products were those of Metro Brands, thus potentially harming the company’s reputation. Evidence showed continuous advertisement and use of the mark since 1955.

“The leading presence of the Plaintiff to the market of footwear, bags and accessories requires no reinforcement. The manner in which the Defendants are marketing its goods and services under the impugned mark METRO FOOTWEAR makes it prima facie evident that the Defendants have designed its products in a manner so as to pass off its goods as that of the Plaintiff. The use of the impugned mark by the Defendants is likely to cause injury to the Plaintiff’s goodwill and reputation”, the court said.

Accordingly, the court restrained Metro Footwear Store and its associates from using, selling, manufacturing, distributing, advertising, or stocking products under “Metro Footwear” or any mark identical or deceptively similar to “METRO”, and from engaging in acts amounting to passing off.

For Plaintiff: Senior Advocate Venkatesh Dhond, along with Advocates Rashmin Khandekar, Alhan Kayser, Varsha Vasave and Gauri Sansare instructed by Advocate Avesh Kayser

The order copy is here.