Delhi High Court Orders Cancellation Of Nizamuddin Food Outlet's 'Andaaz-E-Nizaam' Trademark In Plea By 'Nizam's'

The Delhi High Court has recently ordered cancellation of a trademark registered in favour of a food outlet “Andaaz-e-Nizaam” in city's Nizamuddin area after a case was filed by an Indian restaurant chain “Nizam's”.

Justice Mini Pushkarna directed the Registrar of Trademarks to remove or cancel the trademark “Andaaz-e-Nizaam” registered in favour of its owner Mehruddin Ansari in November 2021.

The court allowed the plea moved by Nizam's owner, Rajesh Chugh, who alleged that the impugned trademark was deceptively similar and identical to the trademark registered in favour of his food chain.

It was his case that he was using “Nizam's” trademark since January 1978 in respect of food, drinks and temporary accommodation. He said that trademark of his food chain was exclusively identified by the public who trade with his goods and services.

Ansari's counsel submitted that his client did not intend to use the impugned trademark “Andaaz-e-Nizaam” and would run his business under the name “Daawat-e-Nizamuddin” and “Andaaz-e-Nizamuddin.”

On this, Chugh's counsel said that there was no objection if Ansari carries his business under the name so suggested.

Ansar's counsel then said his client shall change the name of his food outlet, trade name as well as partnership firm to “Daawat-e-Nizamuddin” or “Andaaz-e-Nizamuddin.”

Accordingly, the court directed Ansari to take appropriate steps to change the trade name, partnership firm and food outlet to the new name within four weeks.

Title: SHRI RAJESH CHUGH v. MEHRUDDIN ANSARI & ANR.

Citation: 2024 LiveLaw (Del) 890

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