A Bengaluru-style South Indian restaurant chain has won interim protection for its Benne Trademark: the Delhi High Court has restrained a Delhi eatery from using the name BENNE or BENNE DELHI until the next date of hearing.
New Delhi: In a commercial suit by Shimow Hospitality Private Limited, which runs five South Indian quick-service outlets under the Benne brand, the Delhi High Court has passed an ex parte ad interim injunction against M/s Benne Delhi and those acting for it. They may not use the marks BENNE and BENNE DELHI, or any identical or similar mark, name or social media handle [Shimow Hospitality Private Limited v. M/s Benne Delhi through its Proprietor].
Justice Vikas Mahajan passed the order on October 16, 2026 in CS(COMM) 1131/2026 after hearing Senior Advocate Chander M. Lall for the plaintiff. The defendant has not been heard at this stage, and the Court has expressed only a prima facie view.
Urgency, and the three-part test
As a first step the Court exempted the plaintiff from pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, finding the relief sought in the injunction application “plausibly urgent and genuinely contemplated”. On the injunction itself, it recorded:
“Based on the above facts and circumstances, this Court is satisfied that the plaintiff has made out a prima facie case for grant of ex parte ad interim injunction till the next date of hearing. The balance of convenience is also in favour of an ex parte ad interim order being passed.”
Irreparable loss and injury would be suffered by the plaintiff, the Court was satisfied, if the injunction were refused. The restraint covers use, offering of services, marketing and advertising of BENNE and BENNE DELHI, or any similar mark, as a trade mark, trade name, corporate name, domain name or social media handle, so as to pass off the defendant’s services as the plaintiff’s.
From a butter dosa to a brand: the plaintiff’s account
The order records that the plaintiff began as a limited liability partnership, Shimow Foods LLP, and was later incorporated as a private company. It says it conceptualised the mark in 2023-24, drawing on the Darshini restaurant culture of Bengaluru; the word ‘benne’ means butter in Kannada and is often used by restaurants for butter dosa. According to the plaintiff, the LLP assigned its rights in the mark to it by a deed dated July 13, 2026, its first outlet opened in Bandra, Mumbai, in April 2024, and it now runs three outlets in Mumbai and two in Delhi NCR with a tag line, “HERITAGE BANGALORE DOSA”.
Continuous use, media coverage and rising turnover have given the mark goodwill in a short span, the plaintiff told the Court. It has applied for registration of the mark, and says its logo is an original artistic work under the Copyright Act, 1957. In August 2026, it says, an internet search showed the defendant using BENNE for a cloud kitchen or outlet serving identical cuisine, and a search of the Trade Marks Registry showed that the defendant applied in April 2026 to register the mark in class 43 on a ‘proposed to be used’ basis.
The plaintiff argued that this showed no use by the defendant before April 2026. These are the plaintiff’s allegations at this stage and have not been tested.
What the plaintiff says Benne Delhi is doing
The defendant, the plaintiff alleged, is in the same industry and offers identical services and cuisine under an identical mark. Its business is listed under the impugned mark on food delivery platforms such as Swiggy and Magicpin and is advertised on YouTube and Instagram, and the mark was adopted, the plaintiff alleged, to ride on its goodwill and to pass off the defendant’s services as the plaintiff’s.
Dates to note
The defendant has been issued notice and may reply to the injunction application within four weeks, with a rejoinder before the next date. Within two weeks the plaintiff must comply with Order XXXIX Rule 3 of the Code of Civil Procedure, and an affidavit of compliance is due within a week after that. The suit goes before the Joint Registrar on December 9, 2026 for service and pleadings, and before the Court on February 9, 2027.
An interim finding, to be tested on notice
The Court has applied the usual three-part test for interim relief, a prima facie case, balance of convenience and irreparable injury, to a young restaurant brand built around a descriptive regional word, with prior use pleaded against a later filing on a ‘proposed to be used’ basis. The finding is interim and ex parte. The defendant’s reply, and any challenge to the plaintiff’s rights in the word ‘benne’, will be tested when the application is heard on notice.
Case Title: Shimow Hospitality Private Limited v. M/s Benne Delhi through its Proprietor [CS(COMM) 1131/2026]
Bench: Justice Vikas Mahajan, Delhi High Court
Date of Order: October 16, 2026
Next Hearing: December 9, 2026 (Joint Registrar); February 9, 2027 (Court)
Appearances: Chander M. Lall, Senior Advocate, with Shikha Sachdeva, Mugdha Palsule, Kranav Kapur and Saksham Goyal for the plaintiff; no appearance for the defendant at this stage (ex parte)