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Delhi High Court temporarily restrains unauthorized use of Moti Mahal trademark
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Delhi High Court temporarily restrains unauthorized use of Moti Mahal trademark

This order was issued following the failure of pre-trial mediation between the parties. Separate arbitration proceedings are ongoing between the parties regarding the partnership deed.

The suit states that though the plaintiffs’ family had transferred their shares in the MOTI MAHAL restaurant at Darya Ganj, they retained the exclusive right to use the already well-known registered trademark ‘MOTI MAHAL’ and the goodwill associated therewith.

In the first week of May 2024, the plaintiffs were found to be using the trademark MOTI MAHAL, which is identical to the plaintiffs’ earlier well-known registered trademarks, on their website (motimahaldelux.in) and social media accounts. .

“The Defendants allege that the Plaintiffs were associated with the brand MOTI MAHAL from 1947 onwards, when there was no such connection/relationship between the Plaintiffs’ predecessors and the Defendants. The Defendants are maliciously trying to piggyback on immense goodwill and ‘Tandoori chicken, butter chicken and dal makhani’ reputation associated with the Plaintiffs’ predecessor, the Late Mr. Kundan Lal Gujral, known worldwide as the inventor of the suit states.

The plaintiffs also claim that the defendants are trying to obtain registrations of trademarks that are identical to the MOTI MAHAL trademark without their consent.

They also highlighted the orders passed by the Supreme Court restraining various defendants from using the trademarks MOTI MAHAL and MOTI MAHAL DELUX.

In their statement to the Supreme Court, the defendants stated that they did not use the ‘MOTÄ° MAHAL’ brand, that they did not have any materials bearing this brand, and that they removed the advertisements from their websites / social media. tributaries.