 "Delhi HC summons Malcha Marg restaurant in Moti Mahal trademark case")
Moti Mahal Delux Management Services Private Limited, the proprietor of the well-known Moti Mahal restaurant chain, has approached the Delhi High Court with a trademark infringement lawsuit against a restaurant operating under the name “Moti Mahal Delux” in Malcha Marg, Chanakyapuri.
Justice Amit Bansal took cognisance of the suit and issued summons, scheduling the next hearing for May 21, according to a report by LiveLaw.
Additionally, the court issued a notice regarding Moti Mahal Delux Management Services Private Limited’s request for an interim injunction and sought a response from the defendant restaurant.
The defendant — Moti Mahal Delux — has also been directed to submit a written statement in the matter.
Advocate Shreya Sethi appeared on behalf of Moti Mahal Delux Management Services Private Limited, while the defendant restaurant remained unrepresented.
Moti Mahal holds trademarks for 'Moti Mahal,' 'Moti Mahal group,' 'Moti Mahal management services,' and 'Tandoori Trail.'
During the proceedings, Justice Bansal noted that he was familiar with the area in question and acknowledged that the restaurant had been operating there for a long time. “This restaurant is the one in Malcha Marg… It is running from a long time. Since I am familiar with the area, I know it is running from a long time,” the judge said.
The court further observed that since the defendant restaurant is located in Malcha Marg, an area of diplomatic importance, there must be a basis for its operations. Consequently, the court proceeded with issuing summons.
“He is running it in Malcha Marg. There has to be some basis… We will call him. We'll issue short notice,” the court said.
Notably, in December last year, a coordinate bench had granted a temporary injunction in favor of Moti Mahal Delux Management Services Private Limited in another trademark and copyright infringement case involving its former franchisee engaged in a similar business.
The court had prohibited SRMJ Business Promoters Pvt. Limited from advertising, selling, marketing, or promoting any restaurant or catering services using the disputed marks or any that closely resembled Moti Mahal's trademarks.