NEW DELHI: The Delhi High Court in a suit on the infringement of the “Khan Chacha” trademark, has restrained 24 entities from using the brand name and directed Zomato and Swiggy to delist the infringing food operators from their app, on Wednesday.
The plaintiff Gupta and Gupta Pvt Ltd had submitted 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 providing online catering services.
As per the allegation about the 24 entities, they were providing services similar to those of the plaintiff by using marks that included ‘Khan Chacha’, without any authority, under classes 29 and 43 of the classification of goods and services for trade mark purposes. Justice C Harishankar, in the order, said the plaintiffs had made out a clear prima facie case of infringement.
“Usage of “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,” it was stated.
It further restrained the defendants 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. Issuing notice on the suit, the court directed that replies be filed by the defendants within four weeks. A further hearing will be on April 11.