The plaintiff holds registration of trademark under Class 29 and 43. He claims to be the user of the mark since 1st April 1972 for food items as well as for providing restaurants services, which are also enlisted on various websites which provide online catering services. As per the plaint “KHAN CHACHA” is inventive and arbitrary with respect to the nature of service it provides. It is alleged by the plaintiff that the defendants are using the mark “KHAN CHACHA” in respect of similar goods and services as provided by the plaintiff. The defendants have no authority to use the said mark. The plaintiff has also impleaded as defendant’s companies that provide online services for food delivery such as Swiggy, Zomato and Bundl Technologies Private Limited. Defendant 27 is impleaded as Jon Does, which will cover other infringers.
The Court:
The plaintiff has made out a clear prima facie case of infringement, inasmuch as the word mark “KHAN CHACHA” has been registered in the plaintiff’s favour both in class 29 as well as in class 43, with user claim since 1972. Usage of the “KHAN CHACHA” moniker, by any other entities for similar services, would, therefore, clearly infringe the plaintiff’s registered mark within the meaning of Section 29(1) of the Trade Marks Act, 1999.
As a result of aforesaid Defendants 1 to 24 are restrained from using or advertising, directly or indirectly, any mark which includes the words “KHAN CHACHA”, for services identical or allied to the services covered by classes 29 and 43 of the classification of goods and services for trade mark purposes. (ii) Defendants 25 and 26 are directed to block access to the websites and Mobile app of Defendants 1 to 24.
(GUPTA & GUPTA PVT LTD VS KHAN CHACHA HYDERABADI BIRYANI & ORS, C.S NO.(COMM) 62/23
DUCTUS EDGE 