Delhi HC Issues Summons In Moti Mahal's Trademark Infringement Suit Against Restaurant In City's Diplomatic Area

Moti Mahal Delux Management Services Private Limited, which owns the popular Moti Mahal restaurant chains, has filed a trademark infringement suit in the Delhi High Court against a restaurant running by the name of “Moti Mahal Delux” in city's Malcha Marg area in Chanakyapuri.

Justice Amit Bansal issued summons in Moti Mahal's suit and listed the matter for hearing on May 21.

The Court also issued notice on the application seeking interim injunction filed by Moti Mahal Delux Management Services Private Limited and sought response of the defendant restaurant.

The Court also directed the defendant- Moti Mahal Delux, to file written statement in the matter.

Moti Mahal Delux Management Services Private Limited was represented by Advocate Shreya Sethi. The defendant- Moti Mahal Delux was unrepresented.

Moti Mahal is the owner of the trademarks 'MOTI MAHAL', 'MOTI MAHAL GROUP', 'MOTI MAHAL MANAGEMENT SERVICES' and 'TANDOORI TRAIL'

During the hearing, Justice Bansal remarked that since he is familiar with the area in question, he knows that the defendant restaurant has been running from 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 then remarked that since the defendant restaurant is running in Malcha Marg area (known for its diplomatic significance), there has to be some basis to the same and thus, proceeded to issue summons in the suit.

“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.

In December last year, a coordinate bench had issued a temporary injunction in favour of Moti Mahal Delux Management Services Pvt. Ltd. against trademark and copyright infringement by its ex-franchisee engaged in similar business.

The Court had restrained SRMJ Business Promoters Pvt. Ltd. from advertising, selling, marketing, or promoting any restaurant and catering business using the impugned marks or any marks deceptively similar to the Moti Mahal's marks.

Title: Moti Mahal Delux Management Services Pvt. Ltd. & ors. v. MS Moti Mahal Delux