The Delhi High Court has granted a significant injunction in favor of Moti Mahal, restraining its former franchisee, SRMJ Business Promoters, from using trademarks such as ‘Moti Mahal Delux’ and ‘Moti Mahal Delux Tandoori Trail’ to advertise or promote its restaurant and catering business [Moti Mahal Delux Management Services Pvt. Ltd. & Ors. Vs. SRMJ Business Promoters Pvt. Ltd. & Anr.].
Justice Mini Pushkarna, in her ruling, directed SRMJ to immediately remove any references to Moti Mahal from the hoardings at its restaurants and online platforms, including Zomato, Facebook, and Instagram.
In the Court’s assessment, the plaintiffs presented a strong prima facie case for granting the injunction. The Court stated, “In the absence of an ex parte ad interim injunction, the plaintiffs would suffer irreparable harm. The balance of convenience also favors the plaintiffs and goes against the defendants.”
The case stems from Moti Mahal’s allegations that despite the termination of their franchise agreement, SRMJ continued to use Moti Mahal’s trademarks, thereby misleading the public and unfairly benefiting from the goodwill and reputation of the well-established restaurant chain.
Moti Mahal’s legal team pointed out that SRMJ was operating under the name ‘Moti Mahal Delux Tandoori Trail’ and using the ‘Moti Mahal Delux’ mark, both of which are deceptively similar to Moti Mahal’s registered trademarks like ‘Moti Mahal,’ ‘Moti Mahal Group,’ and ‘Moti Mahal Management Services.’
According to Moti Mahal’s lawyers, the similar branding and the shared market and consumer base posed a serious risk of confusion among the public and potential franchisees.
The Delhi High Court has issued a summons and scheduled the next hearing for May 6, 2024.
Advocates Shreya Sethi and Anirudh Bhatia represented Moti Mahal in the case.