Delhi High Court Grants Ex Parte Interim Injunction to Chotiwala Restaurant Against Trademark Infringement
The Delhi High Court has issued an ex parte interim injunction in favor of Chotiwala Food And Hotels Pvt. Ltd., a renowned restaurant operating in Rishikesh since 1958, in its legal battle against Nitin Jain for unauthorized use of the trademark "CHOTIWALA."
Background:
Chotiwala restaurant, established in 1958, is famous for its vegetarian cuisine and distinctive logo depicting a Brahmin with a Bodhi/Choti holding a ‘thali’ in a gesture of serving satvik/shakahari (vegetarian) food. This logo, along with the name "CHOTIWALA," is registered under the Trademark and Copyright Act. Over the past 65 years, the brand has acquired secondary meaning, becoming synonymous with high-quality vegetarian food in Rishikesh.
The plaintiffs have actively protected their trademark, successfully enforcing their rights in previous cases, including CS(OS) 2456/2011 and CS(COMM) 33/2023, both heard before the Delhi High Court.
Plaintiff's Grievance:
The current grievance of the plaintiffs is directed at defendant Nitin Jain, who allegedly adopted the plaintiffs’ marks for his restaurants under the name "MASHOOR CHOTIWALA RESTAURANT." This usage, according to the plaintiffs, infringes upon their registered trademarks and misleads consumers.
Court’s Observations:
Hon’ble Judge Anish Dayal noted that the plaintiffs have made a prima facie case for the grant of an ex parte ad interim injunction. The court recognized the long-standing use and reputation of the "CHOTIWALA" trademark and acknowledged the potential for consumer confusion due to the defendant’s use of a deceptively similar mark.
Judgment:
The court held that the balance of convenience lies in favor of the plaintiffs, who are likely to suffer irreparable harm if the injunction is not granted. Consequently, the court issued an ex parte interim injunction, restraining the defendant from using the word "CHOTIWALA" as part of their trademark or tradename, or any other mark that is identical or deceptively similar to the plaintiffs’ registered "CHOTIWALA" trademark, until the next date of hearing.
Implications:
The Delhi High Court’s decision in Chotiwala Food And Hotels Pvt. Ltd. Vs. Nitin Jain reinforces the principle that longstanding and well-recognized trademarks deserve robust protection against infringement. The ruling ensures that consumers are not misled by deceptive similarities and upholds the integrity of reputable brands.
Case Title: Chotiwala Food And Hotels Pvt.Ltd. Vs. Nitin Jain
Judgment/Order Date: 28.05.2024
Case No. CS(COMM) 469/2024
Neutral Citation: NA
Name of Court: High Court of Delhi
Name of Hon'ble Judge: Anish Dayal, H.J.
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.
Written by:Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com
Ph No: 9990389539
