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Delhi’s ‘Dolma Aunty Momos’ wins trademark battle against UP man. Here's what High Court said
Delhi High Court favoured Dolma Tsering in a trademark dispute against an Uttar Pradesh resident. She filed the case under several sections of Trade Marks Act.
The Delhi High Court has cancelled the “Dolma” trademark adopted by an Uttar Pradesh resident after Dolma Tsering, the owner of South Delhi’s popular “Dolma Aunty Momos”, filed a plea against it. For the unversed, Dolma Aunty Momos is a food stall started in 1994 and gained popularity over time.
The petition was filed before the Intellectual Property Appellate Board (IPAB) in 2021. However, after the abolition of the board, it was transferred to Delhi High Court. Justice Anish Dayal ordered that the “Dolma” trademark, which was the subject of the dispute, be cancelled and removed from the Trade Marks Register.
She alleged that Uttar Pradesh resident Mohd Akram Khan adopted her previously used trademark. She also added that the trademark is identical and uses her name “Dolma”. (Also Read: Delhi HC imposes ₹1 lakh costs on man who claimed to inherit western UP, Delhi)
Tsering sought the cancellation of trademark registration under several sections of the Trade Marks Act, 1999. She also provided the court with newspaper articles and pictures of her momo stall.
The court noted that Khan did not reply to the petition, so Tsering's claims of non-use remained unrebutted. Thus, it accepted Tsering's claims and issued an order for Khan's “Dolma” trademark to be withdrawn from the Trade Marks Register. (Also Read: Goa's Mapusa bans the sale of gobi manchurian from street stalls. Here's why)
Justice Anish Dayal, in his order earlier this month, said, "In view of the above facts and circumstances and having perused the documents placed on record as well as hearing submissions of counsel for the petitioner, this court is of the view that the trademark of respondent No.1 be cancelled and removed from the Trade Marks Register same should accordingly be rectified. Respondent No. 1's registered trademark be removed and cancelled in the above terms. The Register be rectified accordingly, and the website of the Registrar of Trade Marks be updated within a period of four weeks."
