The Delhi High Court awarded Rs. 5 lakh in costs to Veerji Malai Chaap Wale in a trademark infringement case, protecting its brand from deceptive imitation by rival eateries.
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NEW DELHI: In a crucial judgment on intellectual property protection in India’s food industry, the Delhi High Court has delivered a strong verdict in favor of MS Veerji Restaurant Pvt. Ltd., widely known for its iconic Malai Chaap dishes. The Court awarded Rs. 5 lakh in damages and costs after finding that multiple eateries and food delivery outlets had infringed upon the restaurant’s registered trademark “Veerji”.
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Background of the Case
The dispute arose when MS Veerji Restaurant Pvt. Ltd., a renowned vegetarian food chain known for its signature Malai Chaap and other North Indian delicacies, discovered that multiple eateries across different cities, including Delhi, Raipur, Haridwar, and regions of Uttar Pradesh, were operating under names deceptively similar to its trademarked brand “Veerji”.
These entities, using names like Veer Ji Malai Chaap Wale, The Veer Ji Malai Chaap Wale, and Veere Di Malai Chaap and Kathi Kabab, were also listed on prominent food delivery platforms such as Zomato and Swiggy. This unauthorized use of a near-identical brand name not only misled consumers but also posed a serious threat to the goodwill and reputation that the plaintiff had carefully built over the years.
Consequently, the plaintiff filed a suit before the Delhi High Court alleging trademark infringement, copyright violation, and passing off, seeking to protect its intellectual property and prevent further misuse of its established identity.
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Findings of the High Court
Despite an earlier interim injunction granted by the Court, the defendants failed to appear or contest the claims, resulting in ex parte proceedings. In its final order dated July 8, 2025, Justice Amit Bansal observed:
“The defendants have deceived unwary consumers by dishonestly adopting the impugned marks without any plausible explanation.”
The Court found that the plaintiff had clearly established trademark infringement, copyright violation, and passing off of services. The use of “Veerji” by the defendants was not merely coincidental but a clear act of exploiting the plaintiff’s brand equity and consumer trust.
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The Delhi High Court awarded a total of Rs. 5,00,000 in damages and costs to the plaintiff. The Court directed that each of the defendants numbered 2 to 6 individually pay Rs. 1,00,000 to MS Veerji Restaurant Pvt. Ltd.
Justice Amit Bansal underlined that the defendants’ conduct, marked by a lack of defense and continued misuse of the plaintiff’s trademark, clearly warranted and necessitated the imposition of both costs and compensatory damages due to their mala fide intentions and unfair trade practices.
Case Title: MS VEERJI RESTAURANT PRIVATE LIMITED v. YASH RAI & ORS
CS(COMM) 862/2023
READ JUDGMENT HERE
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