Delhi High Court Rules In Favour Of Karim's In Trademark Lawsuit Against Karin's

The Delhi High Court has recently ruled in favour of Karim Hotels in its trademark infringement suit against a restaurant operated under the name Karin's.

Justice Sanjeev Narula decreed the suit in favour of Karim Hotels Private Limited and Karim's Mughlai Foods, which was accorded a license by the former authorising it to use “KARIM'S” trademark for commercial exploitation in relation to restaurant services.

The suit was filed against one Nizamuddin with whom Karim's Mughlai Foods entered into an agreement in 2008 as per which the former would lease the premises, along with culinary and other equipment and furniture, to the latter for restaurant operations.

However, the lease agreement was terminated when the restaurant's operations failed to meet the business expectations of Karim's. Karim's Mughlai Foods then entered into a Cancellation Agreement with Nizamuddin in 2009 wherein the latter undertook not to use the brand name or trademark “KARIM'S” or “KARIM'S MUGHLAI FOODS” or any other deceptively similar name in any form.

In 2010, Karim's came to know that Nizamuddin was using “KARIN'S” mark along with“KARIM'S” and “SECRET OF GOOD MOOD TASTE OF KARIM'S FOOD” marks for a restaurant situated at the lease premises.

The court decreeed the suit in favour of Karim's after Nizamuddin's father, the other defendant in the suit and the owner of the lease premises, affirmed that no business was being conducted presently under the disputed marks from the lease premises.

Accordingly, Karim's waived its prayer for damages, rendition of accounts and delivery up but requested for award of costs to cover the litigation expenses.

“In view of the foregoing discussion and Ms. Goyal's statement, the present suit is decreed in favour of the Plaintiffs, and against the Defendants in terms of paragraph No. 35 (A) and (C) of the plaint,” the court said.

It further directed that Karim's be entitled recover the actual costs of the suit from Nizamuddin.

“Accordingly, it is directed that the Plaintiffs shall file their bill of costs in terms of Rule 5 of Chapter XXIII of the Delhi High Court (Original Side) Rules, 2018 on or before 15th July, 2024. As and when the same is filed, the matter be listed before the Taxing Officer for computation of costs,” the court said.

Counsel for Plaintiffs: Ms. Ridhima Goyal and Mohd. Affan, Advocates

Counsel for Defendants: Mr. Jagdeep Anand, Advocate for D-2

Title: KARIM HOTELS PVT LTD & ANR v. NIZAMUDDIN & ANR

Citation: 2024 LiveLaw (Del) 596

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