Today, On 27th May, Moti Mahal filed a challenge in the Delhi High Court against Daryaganj’s trademark on ‘Butter Chicken.’ The iconic restaurant, known for popularizing the dish, contends that the trademark claim is unjustified. Moti Mahal argues that ‘Butter Chicken’ is a generic term widely used in the culinary world. The court’s decision could impact the branding rights of one of India’s most famous dishes.
New Delhi: The ongoing dispute over the invention of Butter Chicken and Dal Makhani took a new turn, On Monday, as Moti Mahal restaurant filed a plea before the Delhi High Court seeking the cancellation of the trademark held by the Daryaganj restaurant chain.
The matter heard by Justice Anish Dayal, who issued a notice on the applications moved by Moti Mahal. The Court stated that Justice Sanjeev Narula, who already handling Moti Mahal’s suit to prevent Daryaganj from claiming the invention of Butter Chicken and Dal Makhani, will hear the case in July.
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Moti Mahal challenged the registration of the trademark “DARYAGANJ: BY THE INVENTORS OF BUTTER CHICKEN & DAL MAKHANI” which granted in favour of the Daryaganj restaurant on March 14, 2018 on a ‘proposed to be used’ basis.
Moti Mahal argues that they have been using the tagline “Inventors of Original Dal Makhani, Tandoori Chicken & Butter Chicken” since 2005, and Daryaganj’s trademark, a false claim.
The lawsuit contended,
“The new mark closely resembles the petitioner’s established tagline, with only the addition of ‘DARYAGANJ’ above it, which lacks distinctiveness and fails to differentiate itself from the petitioner’s original tagline. This tagline has been exclusively coined and used by the petitioner since 2005, and they continue to use it to this day,”
In April 2023, Moti Mahal submitted an application for the registration of a device mark, claiming to be the original creators of Dal Makhani, Butter Chicken, and Tandoori Chicken. This application currently pending before the trademark registry.
The legal proceedings have been initiated by advocates Shreya Sethi and Anirudh Bhatia, with Senior Advocate Chander M Lall presenting Moti Mahal’s case. Advocate Pravin Anand representing Daryaganj.
Moti Mahal filed a separate civil suit against Daryaganj regarding the usage of the tagline “Inventors of Butter Chicken and Dal Makhani”. Filed in January 2024, Moti Mahal alleges that Daryaganj misleading consumers into believing a connection between Daryaganj and Moti Mahal, which originally opened in the Daryaganj neighbourhood of Delhi.
Read Also: Butter Chicken Was Invented by Moti Mahal or Daryaganj? Delhi High Court to Scrutinize It
Daryaganj refutes these claims, asserting that they haven’t engaged in any deceptive practices, and the accusations in the lawsuit are baseless. They argue that the first Moti Mahal restaurant jointly established by ancestors of both parties (Gujral of Moti Mahal and Jaggi of Daryaganj restaurants) in Peshawar.
The case scheduled for a hearing before Justice Narula on May 29.