Trademark - BUKHARA vs BUKHARI : Interim injunction granted to protect 'BUKHARA'.

Delhi High Court Grants ITC Limited Interim Relief in Trademark Dispute Bukhara Inn restrained from using 'BUKHARA' trademark, marking a key win for ITC's culinary brand.

In a significant legal victory for ITC Limited, the Delhi High Court has granted an ad-interim injunction against Bukhara Inn, restraining them from using the trademark 'BUKHARA'. The order, passed by Justice Manmeet Pritam Singh Arora, addresses ITC's allegations of trademark infringement and passing off by Bukhara Inn. ITC, a major player in the hospitality industry, initiated the legal proceedings to protect its iconic 'BUKHARA' brand, a name synonymous with its renowned restaurant at ITC Maurya, New Delhi.

The court recognized ITC's prior adoption, usage, and registration of the 'BUKHARA' trademark as well-known, citing its significant goodwill and reputation built over decades. ITC's legal team, led by Senior Advocate Arvind K. Nigam, successfully argued that the defendant's use of an identical mark for similar services was dishonest and mala fide, aimed at misleading consumers and capitalizing on ITC's established brand equity.

Bukhara Inn, which operates under the impugned marks 'BUKHARA INN', 'HOTEL BUKHARA', and 'HOTEL BUKHARA INN', failed to appear in court, despite being served. The court found no merit in Bukhara Inn's defense that their use of 'BUKHARA' was justified under Section 35 of the Trade Marks Act, 1999, noting the defendant's family name is 'BUKHARI', not 'BUKHARA'.

The injunction prevents Bukhara Inn and its associates from using or passing off any mark identical or deceptively similar to ITC's 'BUKHARA'. This decision underscores the judiciary's stance on protecting well-known trademarks from unauthorized use that can dilute brand value and consumer trust.

Bottom Line:

Trademark Law - Interim injunction granted to restrain the defendant from infringing or passing off the plaintiff's well-known trademark 'BUKHARA'.

Statutory provision(s): Sections 2(1)(zg), 29(4), and 35 of the Trade Marks Act, 1999; Order XI Rule 1(4) of the Code of Civil Procedure, 1908; Section 12A of the Commercial Courts Act, 2015; Order XXXIX Rule 1 and 2 CPC.

Itc Limited v. Bukhara Inn, (Delhi) : Law Finder Doc Id # 2806640