Delhi High Court has recently ruled in favor of the iconic “Dolma Aunty Momos,” leading to the cancellation of a competing trademark “Dolma.
New Delhi, India – The Delhi High Court has recently ruled in favor of the iconic “Dolma Aunty Momos,” leading to the cancellation of a competing trademark “Dolma” that was registered by an individual, Mohd. Akram Khan.
Justice Anish Dayal presided over the case, resulting in a directive for the cancellation and removal of the disputed trademark from the Trade Marks Register. This decision came after Dolma Tsering, the original “Dolma Aunty” known for popularizing momos in Delhi since 1994, filed a rectification petition against Khan’s use of the “Dolma” mark.
The plea highlighted that Tsering, who opened her first momo stall in Lajpat Nagar, had become a household name in the region. She contended that Khan’s adoption of the “Dolma” trademark was not only identical to hers but also misused her established reputation. Tsering’s legal challenge was based on multiple sections of the Trade Marks Act, 1999, specifically Sections 11(1) (Confusingly Similar Trademarks), 11(2) (Unfair Advantage), 11(3)(a) (Legal Protection), and 47(Removal from register and imposition of limitations on ground of non-use), which address issues of trademark similarity and infringement.
The court’s observation was notably influenced by Khan’s failure to respond to the petition, which led to the acceptance of Tsering’s allegations of non-use as unrebutted.
“In view of the above facts and circumstances and having perused the documents placed on record as well as hearing submissions of counsel for petitioner, this Court is of the view that the trademark of respondent No.1 be cancelled and removed from the Trade Marks Register same should accordingly be rectified. It is directed accordingly,”
Justice Dayal ordered.
Tsering’s legal representation was provided by the law firm Kred Jure, with a team led by Mr. Ankur Mahindro and supported by Senior Associates Mr. Aditya Kapur, Mr. Rohan Taneja, Mr. Soumil Gonsalves, Mr. Ankush Satija, and Mr. Mohit Dagar.
This ruling not only represents a significant victory for Dolma Tsering but also sets a precedent for the protection of individual trademarks and the fight against infringement in India. The case, titled DOLMA TSERING v. MOHD. AKRAM KHAN AND ANR, is now a reference point for similar disputes, highlighting the critical nature of securing and defending one’s brand identity in the competitive market landscape.
The decision by the Delhi High Court serves as a reminder of the legal safeguards in place to protect entrepreneurs and their intellectual property from unauthorized use and infringement. It emphasizes the judiciary’s role in upholding the rights of individuals and businesses to maintain their unique brand identity and reputation.
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Case title- DOLMA TSERING v. MOHD. AKRAM KHAN AND ANR