Delhi HC restrains 24 food entities from using the trademark ‘Khan Chacha’
Gupta and Gupta had filed a suit against various entities, stating that they are providing similar services by using the appellation Khan Chacha without any authority
The Delhi high court has restrained 24 food entities from using the trademark “Khan Chacha”, and has directed that these outlets be delisted from food delivery apps Zomato and Swiggy.
In a February 6 order, justice C Hari Shankar said Gupta and Gupta Private Limited, which has been using the trademark “Khan Chacha” since 1972, has made a clear prima facie case of infringement in its favour.
“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,” the court said in an interim order.
Gupta and Gupta had filed a suit against various entities, stating that they are providing similar services by using the appellation “Khan Chacha” without any authority. It had contended that the entities are also providing online services for supply of food and other items through Zomato and Swiggy.
The suit sought a decree of injunction against the entities and also prayed that food delivery companies be directed to delist or take down the listings with the “Khan Chacha” trademark.
Issuing summons in the suit, the court listed the matter for hearing on April 11 and directed that a response be filed within four weeks.
“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 trademark purposes,” the court said.
