Mr. Piruz Khambatta & Anr. Vs. Franchise India Brands Limited

Case Title: Mr. Piruz Khambatta & Anr. Vs. Franchise India Brands Limited & Anr.:Date of Order: 9th May 2025:Case Number: CS(COMM) 454/2025:High Court of Delhi: Name of Judge: Hon’ble Mr. Justice Saurabh Banerjee

Facts:

The plaintiffs, Mr. Piruz Khambatta and the associated company, are the owners of the registered trade mark "RASNA" and related artistic works. They alleged that the defendants, Franchise India Brands Limited and its subsidiary M/s. Ichakdana Food Services LLP, engaged in infringing upon their registered trademarks by operating "Rasna Buzz" outlets and promoting infringing content on social media, despite being asked to cease such activities. The defendants had previously entered into licensing agreements and had undertaken to open numerous outlets but continued infringing activities.

Procedural Details:

• The plaintiffs filed a suit claiming infringement of trademarks and seeking permanent injunction.
• They moved an application for ex-parte interim injunction and exemption from pre-litigation mediation.
• The court considered various pending procedural applications regarding court fees, filing additional documents, and extending timelines.
• The court granted exemption from pre-litigation mediation given relevant legal precedents.
• The court directed the defendants to respond via notices, with future dates scheduled for submissions and hearings.

Issues:

• Whether the defendants have infringed upon the plaintiffs' registered trademarks.
• Whether an interim injunction should be granted to prevent further infringement.
• Whether the plaintiffs are exempted from pre-litigation mediation as per statutory and judicial precedents.

Decision:

The Court, after hearing the parties and considering the legal provisions and precedents,:

• Granted the plaintiff ex parte injunction in favour of the plaintiff.