The Delhi High Court passed an order on 6TH February, 2023. This was held in the case of Gupta and Gupta Pvt. Ltd. Vs Khan Chacha Hyderabadi Biryani and Ors.DHC(2023) and the case was presided over by Hon’ble JUSTICE C HARI SHANKER .
FACTS OF THECASE:
The plaintiff filed a plaint against 24 entities alleging that these entities were using the plaintiff’s trade marks included ‘Khan chacha’ without any authority under class 29 and 43 of the classification of goods and services for trade marks purpose.
ORDER BY COURT:
In this case Delhi high court passed an ex parte interim injunction order (Order 39 rule 1and2 of Code of Civil Procedure,1908) on 6th February ,2023. The Hon’ble Justice C Hari Shanker said that :-
“The plaintiff has made out a clear prima facie case of infringement, inasmuch as the word mark “KHAN CHACHA” has been registered in the plaintiff’s favour both in class 29 as well as in class 43, with user claim since 1972. Usage of the “KHAN CHACHA” moniker, by any other entities for similar services, would, therefore, clearly infringe the plaintiff’s registered mark within the meaning of Section 29(1) of the Trade Marks Act, 1999.”
The suit also sought a decree of injunction against 24 entities which is alleged by plaintiff and court also order to the Zomato Ltd. And Bundl Technologies Pvt. Ltd., which functions under the name Swiggy to delist the infringers from their respective mobile applications.
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Order reviewed by Drishti Verma