Delhi High Court Restrains 24 Food Entities From Using ‘Khan Chacha’ Trademark, Directs Zomato And Swiggy To Delist Infringers
The Delhi High Court has restrained 24 food entities from using “Khan Chacha” trademark and also directed their delisting from the platforms of food delivery companies Zomato and Swiggy.Justice C Hari Shankar observed that Gupta and Gupta Private Limited, which has been using “Khan Chacha” trademark since 1972, has made out a clear prima facie case of infringement in its favour....
The Delhi High Court has restrained 24 food entities from using “Khan Chacha” trademark and also directed their delisting from the platforms of food delivery companies Zomato and Swiggy.
Justice C Hari Shankar observed that Gupta and Gupta Private Limited, which has been using “Khan Chacha” trademark since 1972, has made out a clear prima facie case of infringement in its favour.
“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 court said.
Gupta and Gupta Private Limited has filed a suit against various entities stating that they are providing similar services by using the appellation “Khan Chacha”, without any authority. These entities are also providing online services for supply of food and other items through Zomato and Swiggy, the company said.
It argued that it holds trademark registrations under various classes including meat and poultry products and restaurants. The suit sought a decree of injunction against the entities and also prayed that food delivery companies be directed to delist or take down the listings with “Khan Chacha” trademark.
Issuing summons in the suit, the court listed the matter for hearing on April 11 and directed that a response be filed within four weeks.
“Defendants 1 to 24 are restrained from using or advertising, directly or indirectly, any mark which includes the words “KHAN CHACHA”, for services identical or allied to the services covered by classes 29 and 43 of the classification of goods and services for trade mark purposes,” the court said.
Senior Advocate Sudhanshu Batra and Advocates Gurinder Pal Singh, Gaurav Barathi, Sidharth Borah, Jaya Bajpai, Bakshinder Singh, Vishal Shrivastava and Muskan Arora appeared for plaintiff.
Title: GUPTA AND GUPTA PVT LTD v. KHAN CHACHA HYDRABADI BIRYANI AND ORS