Is body art is an Infringement to Trademark?

Body art is made on, with, or consisting of, the human body. The most common forms of body art are tattoos and body piercings. Other types include scarification, branding, subdermal implants, scalpel ling, shaping (for example tight-lacing of corsets), full body tattoo and body painting.

Nawaz Modi Singhania, the founder of Body Art fitness center in south Mumbai, has won three trademark-infringement cases against suburban gymnasia that have tried to cash in on her registered trademark. The court had earlier restrained the owners of the centres at Sanpada/Nerul and Malad from using the trademark, while slapping a fine of Rs 2 lakh on each, which is to be paid to Modi.

On Wednesday, the HC directed the namesake in Kamothe not to infringe the trademark. Justice S J Kathawala said, “The balance of convenience is in favour of the plaintiffs and irreparable harm, loss and injury may be caused in the event that reliefs as prayed are not granted. “Nawaz’s centre, which provides a host of fitness services from aqua aerobics and pilates to conducting workshops on diet, boasts of a celebrity clientele.

Source: DNA

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