Delhi HC issued an injunction, restraining the defendants from using the trade mark "Khan Chacha"

Gupta and Gupta Pvt Ltd. vs Khan Chacha Hyderabadi Biryani and Ors.

In a recent trademark infringement case, the plaintiffs, Gupta and Gupta, filed a lawsuit against 24 entities for infringing on their trademark "Khan Chacha" in the areas of food and services. The plaintiffs claimed that these entities were using marks similar to "Khan Chacha" without proper authority, and they sought a legal remedy to prevent this infringement.

The plaintiffs also sought a court order directing food delivery apps, Zomato and Swiggy, to delist these infringing entities from their platforms. By including a "John Doe" defendant, the plaintiffs have left open the possibility of adding additional infringing parties in the future.

The court has issued notice to the defendants in the case, directing them to file their response within four weeks. The matter has been scheduled for a further hearing on April 11, 2023, at which point the court will continue to consider the case.

In the meantime, the court has issued an injunction, restraining the defendants from using a specific trade mark that includes the words "Khan Chacha" for services related to classes 43 and 29 of the classification of goods and services for trade mark purposes. This means that the defendants are prohibited from using this trade mark until the matter is resolved in court.