Lawstreet Journal

[Karim’s v Kareem’s] Relief Granted To Old Delhi's Iconic Mughlai Food Outlet Karim’s By Delhi High Court In Trademark Case

Lawstreet Journal 28 May 2022 7:33pm

Image courtesy: Lawstreet Journal Judiciary [Karim’s v Kareem’s] Relief Granted To Old Delhi's Iconic Mughlai Food Outlet Karim’s By Delhi High Court In Trademark Case

In interim relief to Old Delhi's iconic Karim's restaurant, the Delhi High Court on Friday ordered a Bombay-based restaurant named 'Kareem's' to publish a disclaimer on their website, social media handles, and in newspapers, stating unambiguously that it is not associated with or related to the Delhi Karim's. (Karim Hotel Pvt. Ltd. vs. Kareem Dhanani)

A single-judge bench of Hon'ble Justice Prathiba M Singh, ordered Kareem's to refrain from opening any new outlets till the next date of hearing in the case.

The Court found that the defendant restaurant Kareem's had adopted the trademark in 2003, over 90 years after the plaintiff had done so, and said that,

"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 reputation, both in India and internationally."

Interestingly, the Court was also bemused by the Registrar's decision to allow the defendants to register this mark since Karim's was already registered.

Following that, the Court ordered the defendants to produce written statements as well as a list of franchise agreements with all of their franchisees by July 5, 2022. In the first week of August, the case will be heard.

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Tagged: Trademark Infringment   Justice Prathiba M Singh   Advocate Farrukh Khan   Karim Hotel Pvt. Ltd   Kareem Dhanani   Advocate Farrukh Khan  
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