Moti Mahal Delux Secures Ex-Parte Ad-Interim Injunction to Protect Iconic Trademarks from Unauthorized Use
In a significant legal victory for Moti Mahal Delux Management Services Pvt Ltd, the Delhi High Court has granted an ex-parte ad-interim injunction against M/s Zikra Hotels And Restaurants LLP for trademark infringement and passing off. The plaintiffs, represented by Ms. Shreya Sethi and Mr. Anirudh Bhatia, successfully demonstrated a prima facie case of deceptive similarity between their registered trademarks and the defendants' impugned marks, leading to consumer confusion.
Presided over by Justice Tushar Rao Gedela, the court found that the defendants had unlawfully used the plaintiffs' well-known trademarks, including 'MOTI MAHAL', 'MOTI MAHAL GROUP', 'MOTI MAHAL MANAGEMENT SERVICES', and 'TANDOORI TRAIL'. The court noted that such unauthorized use was likely to mislead consumers into believing there was an association with the plaintiffs.
The plaintiffs, who have a storied history dating back to 1920, established their trademarks' goodwill and reputation through extensive documentation of sales figures and advertising expenditures. These efforts have resulted in a global presence, with over 100 franchises worldwide. Despite the termination of a franchise agreement due to non-payment of fees, the defendants continued to operate under the trademark 'MOTI MAHAL DELUX TANDOORI TRAIL', prompting the legal action.
The court's decision underscores the importance of protecting intellectual property rights and maintaining the integrity of well-established brands. The defendants have been ordered to cease the use of the impugned marks and remove all references from their business operations, including online platforms, within two weeks of the order.
This ruling is a testament to Moti Mahal Delux's proactive measures in safeguarding its intellectual property rights and serves as a reminder of the legal recourse available to trademark holders against infringement.
Bottom line:-
Trademark infringement and passing off - Plaintiffs established a prima facie case demonstrating deceptive similarity between plaintiffs' registered trademarks and defendants' impugned marks, causing confusion and misleading consumers - Ex-parte ad-interim injunction granted to restrain defendants from using plaintiffs' trademarks.
Statutory provision(s): Trademark Act, 1999; Commercial Courts Act, 2015 Section 12A; Civil Procedure Code, 1908 Order XXXIX Rules 1 & 2.
