Single-judge Justice Prathiba M Singh also directed ‘Kareem’s’ to refrain from opening any new outlets till the next date of hearing of the case.
Noting that the defendant restaurant Kareem’s had adopted the trademark in 2003, about 90 years after the plaintiff’s adoption, the Court observed,
“The plaintiff is the primary owner of the mark, Karim’s, running over 41 restaurants. However, in this case a balance must be struck to ensure that neither party is prejudiced unfairly. The plaintiff’s mark enjoys enormous goodwill and and reputation, both in India and internationally.”
Interestingly, the Court was also bemused as to how the Registrar allowed the defendants to register this mark, while Karim’s was already registered at the time.
Thereafter, the Court asked the defendants to place their written statements on record along with a list of franchise agreements entered into with all it’s franchisees by July 5, 2022.
The matter will be heard in the first week of August.
Source: Barandbench
