Delhi HC to decide whether there can be Trademark for the words “Kaka”, “Kake”

In a trademark infringement suit brought by Delhi’s famous food outlet “Kake-Da-Hotel”, the Delhi High Court will decide whether the word “Kaka” or “Kake” can be monopolised under the Trade Marks Act, 1999 for running a food outlet..The suit has been initiated against Nashik based Kaka-Ka Dhaba Pvt. Ltd, for using the trademark “Kaka-Ka Restaurant‟, “Kaka-Ka Hotel”, “Kaka-Ka Dhaba” and “Kaka-Ka Garden” for their outlets..While the Plaintiff has the registered trademark “Kake Da Hotel”, it is also using the mark “K-D-H” with it. The Defendants have applied for registration for “Kaka-Ka Dhaba” which is under challenge before the Intellectual Property Appellate Board by the Plaintiff..The Plaintiff outlet’s name was adopted in 1931 when it was used for a restaurant in Lahore, Pakistan. Post partition, a restaurant in the same name was opened at Connaught Place, New Delhi. The earliest trademark registration dates back to December 1950 and the claim of the user is from June 1931..The Defendants adopted the mark “Kaka-Ka Dhaba” for their outlet since 1997. But the name was used for a food cart run by the defendant since the early 1980s. The other three outlets with different expressions of ‘Kaka-Ka’ were started at least 17 years ago..With the defendants arguing that the word ‘Kaka’ is generic and no monopoly can be claimed in the same, Justice Prathiba M Singh recorded,.“The question as to whether the word “Kaka” or “Kake” can be monopolized by any party is to be adjudicated at trial.”.The defendants have further argued that the Plaintiff outlet has no reputation in Nashik and the Defendants have gained a reputation in the city, independent of Plaintiff outlet’s existence..As an interim measure, the Court has permitted the Defendants to use the name “Kaka-Ka Dhaba”, “Kaka-Ka Restaurant” and “Kaka-Ka Garden” for the three outlets already operating in Nashik, Maharashtra. They have however been retrained from using the name “Kaka-Ka Hotel”, or opening any further outlet with the name “Kaka-Ka” as prefix during the pendency of the present suit..The Defendants have also been directed to maintain complete accounts of all sales in their three restaurants/outlets..The Court also directed the Defendants that no fresh company/firm or any other entity shall be commenced by the name “Kaka-Ka”, while allowing the defendants to continue to operate under the name Kaka-Ka Dhaba Pvt. Ltd..The Plaintiff was represented by advocate Shobhana Takiar..The Defendant was represented by Senior Advocate Akhil Sibal with advocates Hiren Kamod and Rahul Vidhani..Read the order: