Too many ‘Khan Chachas’ in Delhi? HC restrains 24 entities from using the trademark

Does Delhi have a “too many Khan Chachas” problem? From the looks of it, it does! Plaintiff Gupta and Gupta Pvt Ltd made a prima facie case of infringement of trademark, leading to the Delhi High Court to take action against more than a score of entities. 

The Delhi High Court restrained 24 entities that provide food services from using the trademark of ‘Khan Chacha’ after the popular eatery moved a trademark infringement lawsuit. The court ordered these entities to be removed from food delivery platforms such as Swiggy and Zomato. 

The plaintiff claimed that the trademark of 'Khan Chacha' has been used by them since 1972, following which a single judge bench of Justice C Hari Shankar held the decision. The company argued that it has been using the name for decades to provide restaurant services, which are also enlisted on various websites that provide catering services. 

According to a report in The Indian Express, the High Court observed that usage of the ‘Khan Chacha’ moniker by other entities for similar services infringes the plaintiff’s registered mark.

The 24 entities were restrained from using or advertising, directly or indirectly, any mark that bore the words ‘Khan Chacha’ for services that are identical or allied to the services of the plaintiff till the next date of hearing. Zomato and Swiggy have been asked to “block access to the websites and mobile apps of defendants 1 to 24”. The matter will be next heard on April 11. 

The company alleged that these entities were providing the same services as Khan Chacha without any authority whatsoever, thereby infringing its registered trademark. 

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