The Delhi High Court recently restrained four dhabas (highway restaurants) from using the name and logo of popular brand, MANNAT which is owned by Muthal eatery Mannat Dhaba [Mannat Group of Hotels Private Limited & Anr v M/s Mannat Dhaba & Ors].The Mannat Group owns several popular eateries including the famous MANNAT DHABA in Murthal on the Delhi-Chandigarh highway and is famous for parathas.Justice Anish Dayal passed the order on January 4 and restrained the owners of ‘APNA MANNAT DHABA’, ‘New MANNAT DHABA’, ‘SHRI MANNAT DHABA’ and ‘MANAT DHABA’ from using any mark that is similar to the registered trademarks of the Mannat Group.
“Accordingly, ad-interim injunction (ex parte defendant Nos.1, 3 and 4) is granted in favour of the plaintiff against each of the Defendants and their owners, partners, principal officers, employees, staff and all others acting for or on behalf of the Defendants, and they are restrained from using any mark or branding inter alia MANNAT, MANAT DHABA, MANNATT DHABA, Shri MANNATT DHABA, New MANNATT DHABA, Apna MANNAT DHABA et al., and/or any other mark or trade indicia which is identical to or deceptively similar to the Plaintiffs’ well-known and registered trademarks, MANNAT, MANNAT DHABA, MANNAT GROUP, MANNAT RESORTS, et al., which use by the Defendants amounts to infringement of the Plaintiff’s exclusive and proprietary rights in their registered marks,” the Court ordered.The Mannat Group approached the High Court against certain local highway restaurants contending that they had adopted the ‘MANNAT’ brand to deceive travelers and consumers plying on Delhi- Dehradun Expressway.
It was stated that the Mannat Group had received complaints from travelers and that these restaurants were flagrantly misusing popular restaurant brands to ride upon the goodwill and attract unwary travelers.These restaurants are even competing against each other by adopting confusingly similar branding which is based on a popular eatery brand, it was contended.
The Court appointed a local commissioner to gather information about these restaurants and based on the commissioner’s findings, the Court granted an interim injunction.The plaintiffs (Mannat Group) were represented by Subhash Bhutoria, Founder at LAW SB and advocates Dushyant K Mahant and Aashima Kapoor.Advocate Harsh Lata appeared for one of the defendants.
TAGS: Delhi High Court Mannat Group interim injunction trademark
