Delhi HC restrains 24 entities from using brand 'Khan Chacha', directs Zomato, Swiggy to delist entities

New Delhi [India], February 7 : The Delhi High court has restrained 24 entities from using the brand name 'Khan Chacha'. The proprietor of Khan Chacha has moved a plea alleging the infringement of its brand name.
The bench of Justice C Hari Shankar on Monday restrained 24 entities 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.
The bench has also directed Zomato and Swiggy to block access to the websites and Mobile apps of 24 Defendants.
The bench has also issued summons to the defendants. They are directed to file a written statement, accompanied by an affidavit of admission/denial of the documents filed by the plaintiff be filed within 30 days with an advance copy to the learned Counsel for the plaintiff.
Petitioner has been directed to file a rejoinder on the reply within 30 days.
The matter has been listed before the joint Registrar on March 21 for completion of pleadings, admission/denial of the documents and marking of exhibits.
The bench said that 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, 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, the bench said.
In view thereof, the court issued notice to the defendants for 11th April 2023. The reply has to be filed within 4 weeks with an advance copy to the petitioner. A rejoinder has to be filed within 4 weeks.
The court has issued summons and notices on different pleas seeking different reliefs.
The plaintiff has sought a decree of injunction against 24 defendants from using, advertising or promoting, directly or indirectly, the mark "KHAN CHACHA".
Defendant no.1 is Khan Chacha Hyderabadi Biryani in the matter.
Additionally, the plaint prayed that Defendants 25 (Zomato) and 26 (Swiggy) be directed to
delist/take down the listings bearing "KHAN CHACHA".
The plaintiff Gupta and Gupta Pvt. Ltd. submits that it has been using the "KHAN CHACHA" trademark continuously since 1972 for food items as well as for providing restaurant services, which are also enlisted on various websites which provide online catering services.
It is further asserted in the plaint that the mark "KHAN CHACHA" is inventive and arbitrary with respect to the nature of services for which the mark is listed and in respect of which it is used.
The plaint alleges that Defendants are entities who are providing services similar to those provided by the plaintiff using marks/names which include the appellation "KHAN CHACHA", without any authority whatsoever.
The plaint alleges that the usage of "KHAN CHACHA" by 24 Defendants infringes the aforenoted registration held by the plaintiff.
It is said that 24 Defendants are entities which, according to the plaintiff, are using "KHAN CHACHA" as the names of their respective establishments, thereby infringing the plaintiff's registered trademarks.
Defendants 25 (Zomato) to 26 (Swiggy) are entities that provide online services for the supply of food and other such items, namely, Zomato Ltd. and Bundl Technologies Private Limited, which functions under the name Swiggy
The plaint has sought a decree of injunction against 24 Defendants from using, advertising or promoting, directly or indirectly, the mark "KHAN CHACHA".
The plaint also prayed that Defendants 25 and 26 be directed to delist/take down the listings bearing "KHAN CHACHA".