[‘MOTI MAHAL’ Trademark Infringement Case] Delhi HC Temporarily Restrains From Using Unauthorized ‘Moti Mahal’ Trademark

Thank you for reading this post, don't forget to subscribe!

Justice Mini Pushkarna ordered the defendants to cease advertising, selling, or promoting any business under the ‘MOTI MAHAL’ mark until the case is resolved.

NEW DELHI: The Delhi High Court recently granted interim relief to Rupa Gujral, daughter of one of the founders of the Moti Mahal restaurant, by restraining the defendants from using the trademark ‘MOTI MAHAL’.

Justice Mini Pushkarna ordered the defendants to cease advertising, selling, or promoting any business under the ‘MOTI MAHAL’ mark until the case is resolved.

The Court’s order followed unsuccessful pre-litigation mediation between the parties. Separate arbitration proceedings over the partnership deed remain ongoing.

“The defendants, including their principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, and assigns, are restrained until the final resolution of this case from advertising, selling, offering, marketing, or promoting any restaurant or catering business in connection with the impugned ‘MOTI MAHAL’ mark. This restriction covers all uses, whether as a trademark or as part of one, that would amount to infringing or passing off the plaintiffs’ established, well-known ‘MOTI MAHAL’ trademarks,”

the Court ordered.

“The defendants falsely claim an association with the plaintiffs’ ‘MOTI MAHAL’ brand since 1947, despite no connection existing between the plaintiffs’ predecessors and the defendants. The defendants are maliciously trying to capitalize on the extensive goodwill associated with the plaintiffs’ predecessor, the late Mr. Kundan Lal Gujral, who is internationally acknowledged as the creator of iconic dishes like tandoori chicken, butter chicken, and dal makhani,”

the suit asserts.

The plaintiffs claim they retained the exclusive right to use the trademark ‘MOTI MAHAL’ and its associated goodwill, despite selling their shares in the original Darya Ganj restaurant. They discovered in early May 2024 that the defendants were using the identical mark on their website (motimahaldelux.in) and social media, falsely claiming an association with the original brand established in 1947.

READ ALSO: [Moti Mahal vs. Daryaganj] Battle Over ‘Butter Chicken’ Trademark in Delhi High Court

The plaintiffs allege that the defendants are attempting to capitalize on the goodwill of their predecessor, Kundan Lal Gujral, globally known as the inventor of tandoori chicken, butter chicken, and dal makhani. They also assert that the defendants sought to register trademarks identical to ‘MOTI MAHAL‘ without consent and referenced previous High Court orders restraining other parties from using similar marks.

In response, the defendants submitted an affidavit stating they are not using the ‘MOTI MAHAL’ mark, have removed related listings, and possess no materials bearing the mark.

[Case Title: Rupa Gujral & Ors v. Sandeep Kohli & Ors].

FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE