Case Title: Chacha Saree Bazar Pvt. Ltd. & Anr. Vs Chacha Cloth House
Date of Order: 19 August 2025
Case Number: FAO (COMM) 217/2025
Court: High Court of Delhi
Judge: Justice C. Hari Shankar and Justice Om Prakash Shukla
The appellants, Chacha Saree Bazar Pvt. Ltd., are registered proprietors of several trademarks containing the word "CHACHA" and are engaged in trading sarees, textiles, clothing, and related goods. The respondents, operating as Chacha Cloth House, do not have trademark registration. The appellants claimed that the respondents’ use of “CHACHA,” “CHACHA CLOTH HOUSE,” and related marks constituted infringement of their registered trademarks. The appellants initially succeeded in obtaining an ex parte ad interim injunction in their favour from the Commercial Court. However, the Commercial Court later vacated the injunction and dismissed the appellant's application for interim relief, reasoning that "CHACHA" is a generic word over which no monopoly could be claimed unless it had acquired a secondary meaning exclusively linked to the appellants in the minds of consumers (Paras 17, 18). On appeal, the High Court noted the substance of the appellant’s argument that the genericness of a mark must be assessed in the context of the relevant goods, and found the submission merited consideration. Consequently, the High Court stayed the operation of the Commercial Court’s order and restored the earlier ad interim injunction in favour of the appellants, pending the next hearing.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.
