Civil suit for trademark infringement and passing off filed by owners of 'MOTI MAHAL' marks. Defendants filed an undertaking pledging to cease use of the marks, satisfying the court, leading to the decree of the suit.
Suit decreed in favor of plaintiffs; defendants' defenses dismissed as they had already undertaken not to use the marks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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35535/2024, 35536/2024, 35537/2024 & 35538/2024
RUPA GUJRAL & ORS. .....Plaintiffs
Through: Mr. Anirudh Bhatia with Ms. Shreya Sethi, Advocates. (M): 9818666566 Email: [email protected]
versus
G. K. REGENCY & ANR. .....Defendants Through: Mr. Cyril Ignatious, Advocate.
CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R % 11.12.2024
marks, including, the oval devices which are
Page 1 of 4
CS(COMM) 651/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 12:33:02
used in relation to high quality and famous restaurants operating throughout the country and around the globe.
2.2. The plaintiffs are the registered proprietors and lawful owners of the coined, highly distinctive and unique trademarks ‘MOTI MAHAL’ and ‘MOTI MAHAL’ formative marks in India, as well as many jurisdictions of the world.
2.3 The present suit relates to the misuse by the defendants of adopting and using the marks ‘MOTI MAHAL’ and/or ‘MOTI MAHAL DELUX’ and/or
, which are
identical to the plaintiffs’ earlier, well-known and registered trademarks “MOTI MAHAL”, “MOTI MAHAL GROUP”, “MOTI MAHAL MANAGEMENT SERVICES” and “MOTI MAHAL” formative marks and
the oval devices
2.4 It is the case of the plaintiffs that the defendants have slavishly copied with dishonest intention, the plaintiffs’ earlier, well-known registered trademark MOTI MAHAL ad verbatim, and are using the same with respect to identical goods and services, i.e. restaurant and catering services, thereby satisfying the triple identity test.
Page 2 of 4
CS(COMM) 651/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 12:33:02
device even while being used alongside other brands launching at the said premises. Thus, the present suit came to be filed.
2. Learned counsel appearing for the defendants submits that defendant no. 1 shall not use the impugned mark.
3. Accordingly, if that be the case, let an affidavit be filed on behalf of the defendants, in this regard.
4. Let the needful be done within a period of two weeks.
5. Re-notify on 18th November, 2024.”
been filed on behalf of defendant no. 1, which reads as under:-
“xxx xxx xxx
A. That the defendant no. 1 is not advertising, selling, offering for sale, marketing, promoting any restaurant and catering business or in any other manner whatsoever, using the Mark ‘MOTI MAHAL’.
B. That the defendant no. 1 does not have in his power, and possession any promotional material, catalogues, stationary, labels, signs, prints, packages, plates, dies, wrappers, advertisements and any other
Page 3 of 4
CS(COMM) 651/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 12:33:02
material whatsoever bearing the impugned mark ‘MOTI MAHAL’.
C. That the defendant no. 1 has removed the listings and references of the Mark ‘MOTI MAHAL’ from its website and from all social media pages, facebook, Instagram and other social media and advertising platforms etc.”
MINI PUSHKARNA, J
DECEMBER 11, 2024
c
Page 4 of 4
CS(COMM) 651/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 12:33:02
Rupta Gujral
G. K. Regency
Mini Pushkarna
As recorded by the court registry
A suit of a commercial nature above the specified value, governed by the Commercial Courts Act 2015.
Judgements on the same questions, provisions and authorities, from every court
