The Delhi High Court recently granted temporary relief to Rupa Gujral, daughter of a founder of the renowned restaurant Moti Mahal, by issuing an order restraining the use of the trademark ‘MOTI MAHAL.’
Justice Mini Pushkarna issued an order restraining the defendants from advertising, selling, offering for sale, marketing, or promoting their business under the name ‘MOTI MAHAL’ until the suit is resolved.
“The defendants, their principals, partners, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies, assigns, are restrained till the disposal of the present suit, from advertising, selling, offering for sale, marketing, promoting any restaurant and catering business or in any other manner whatsoever, using the impugned mark ‘MOTI MAHAL’, either as a trademark or part of a trademark, or in any other manner whatsoever, which would amount to infringing/passing off of the plaintiffs’ earlier well-known registered trademarks ‘MOTI MAHAL,’ the Court ordered.
The order was issued following the failure of pre-litigation mediation between the parties, while separate arbitration proceedings concerning the partnership deed remain ongoing.
According to the suit, although the plaintiffs’ family transferred its shares in the MOTI MAHAL restaurant at Darya Ganj, they retained the exclusive rights to the well-known registered trademark ‘MOTI MAHAL’ and its associated goodwill.
In early May 2024, the plaintiffs discovered that the defendants were using the identical ‘MOTI MAHAL’ mark—registered as an earlier, well-known trademark by the plaintiffs—on their website (motimahaldelux.in) and social media platforms.
“The Defendants are claiming to be associated with the Plaintiffs’ MOTI MAHAL brand from 1947, when infact they have no such connection/association exists between the predecessors of the Plaintiffs and the Defendants. The Defendants are malafidely attempting to piggyback upon the immense goodwill and reputation associated with the Plaintiffs’ predecessor Late Mr. Kundan Lal Gujral who is globally recognised as the inventor of tandoori chicken, butter chicken and dal makhani,” the suit states.
The plaintiffs additionally allege that the defendants attempted to register marks identical to the MOTI MAHAL trademark without obtaining their consent.
They also referenced prior orders from the High Court that had restrained various parties from using the trademarks ‘MOTI MAHAL’ and ‘MOTI MAHAL DELUX.’
Conversely, the defendants submitted an affidavit to the High Court, stating that they are not using the ‘MOTI MAHAL’ mark, do not possess any materials bearing the mark, and have removed any related listings from their website and social media platforms.
