Moti Mahal has challenged the registration of the trademark “DARYAGANJ: BY THE INVENTORS OF BUTTER CHICKEN & DAL MAKHANI” in favour of Daryaganj restaurant
The same was granted in favour of Daryaganj on March 14, 2018 on a ‘proposed to be used’ basis.
It is Moti Mahal’s case that they have been using the tagline “Inventors of Original Dal Makhani, Tandoori Chicken & Butter Chicken” since the year 2005 and Daryaganj’s trademark is a false claim.
“The Mark is virtually identical the petitioners’ earlier, well-known tagline with just the addition of the word ‘DARYAGANJ’ above, which is in no way distinctive and does not extinguish itself from the petitioners’ earlier, well-known tagline, which has been coined and used exclusively by the petitioners since 2005 and the petitioners continue to use the even as on date,” the suit argued.
In April 2023, Moti Mahal applied for registration of device mark in which it claimed to be original inventors of Dal Makhani, Butter Chicken and Tandoori Chicken. The application is pending before the trademark registry.
Source: Barandbench
