Delhi High Court temporarily restrains unauthorised use of Moti Mahal trademark

The Delhi High Court recently granted temporarily relief to Rupa Gujral, the daughter of one of the founders of restaurant Moti Mahal, restraining the use of the trademark ‘MOTI MAHAL’ [Rupa Gujral & Ors v. Sandeep Kohli & Ors]..Justice Mini Pushkarna restrained the defendants - from advertising, selling, offering for sale, marketing, or promoting their business by using the ‘MOTI MAHAL’ till the disposal of the suit.“The defendants, their principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, are restrained till the disposal of the present suit, from advertising, selling, offering for sale, marketing, promoting any restaurant and catering business or in any other manner whatsoever, using the impugned mark ‘MOTI MAHAL’, either as a trademark or part of a trademark, or in any other manner whatsoever, which would amount to infringing/passing off of the plaintiffs’ earlier well-known registered trademarks ‘MOTI MAHAL,’ the Court ordered..This order was passed after pre-litigation mediation failed between the parties. Separate arbitration proceedings between the parties over the partnership deed are ongoing.The suit states that even though the plaintiffs’ family transferred its shares in the MOTI MAHAL restaurant at Darya Ganj, they retained the exclusive right to use the earlier, well-known registered trademark ‘MOTI MAHAL’ and the goodwill attached to it.In and around the first week of May 2024, the plaintiffs found that the defendants were using the mark MOTI MAHAL, which is identical to the plaintiffs’ earlier, well-known registered trademarks, on their website (motimahaldelux.in) and social media handles."The Defendants are claiming to be associated with the Plaintiffs’ MOTI MAHAL brand from 1947, when infact they have no such connection/association exists between the predecessors of the Plaintiffs and the Defendants. The Defendants are malafidely attempting to piggyback upon the immense goodwill and reputation associated with the Plaintiffs’ predecessor Late Mr. Kundan Lal Gujral who is globally recognised as the inventor of tandoori chicken, butter chicken and dal makhani," the suit states.The plaintiffs also claim that the defendants tried to obtain registrations of marks identical to the MOTI MAHAL mark without their consent.They further highlighted orders passed by the High Court which restrained various defendants from using the MOTI MAHAL and MOTI MAHAL DELUX trademarks.The defendants, on the other hand submitted in their affidavit before the High Court that they are not using the mark ‘MOTI MAHAL’, are not in possession of any material carrying the mark, and that they have removed listings from their website/social media handles..Advocates Shreya Sethi and Anirudh Bhatia appeared for the plaintiffs. Advocates Samrat Nigam with Amit Punj appeared for the defendants..[Read order]