Delhi High Court Permanently Restrains Local Dhabas From Using Registered Trademarks Of Popular Murthal Eatery 'Mannat Dhaba'

The Delhi High Court has permanently restrained various restaurants (local dhabas) situated on the Delhi-Dehradun highway from using the registered trademarks of popular Murthal based eatery “Mannat Dhaba.”

Justice Amit Bansal observed that the Mannat Group of Hotels established its rights over its registered trademark 'MANNAT' and that the defendant restaurants were reaping undue benefit by riding upon the former's goodwill associated with its brand and trademark 'MANNAT'.

The Court decreed the suit filed by Mannat Group of Hotels and its promoter Virender Singh Kadyan against local restaurants operating on the highway in question.

In January last year, a coordinate bench had passed an ex parte ad interim injunction restraining the defendant restaurants from using Mannat's registered trademarks.

Issuing permanent injunction, the Court observed: “…the defendants no.1 and 4 have slavishly and deliberately adopted and are using the plaintiffs' brands and trademarks, in respect of restaurant services in order to confuse the consumers and the public at large.”

The Court observed that a clear case of infringement of trademark was made out and that the defendants were blatantly violating Mannat Group's statutory, proprietary, and common law rights in its registered 'MANNAT' marks.

“The defendants have deliberately and with mala fide intentions, adopted and are using the plaintiffs' trademarks and branding, with unnoticeable variations, in respect to identical services, i.e. highway hotels and restaurants. Therefore, the plaintiffs have established a case of passing off as well,” the Court said.

Counsel for Plaintiffs: Mr. Subhash Bhutoria and Ms. Anuja Negi, Advocates

Title: MANNAT GROUP OF HOTELS PRIVATE LIMITED & ANR. v. M/S MANNAT DHABA & ORS.

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