The owner of the iconic Moti Mahal restaurant chain, Moti Mahal Delux Management Services Private Limited, has moved the Delhi High Court against a restaurant operating under the same name in Malcha Marg, Chanakyapuri, alleging trademark infringement. .
The court also sought the defendant’s response to an application filed by Moti Mahal Delux Management Services Private Limited, which seeks an interim injunction to restrain the use of its brand name. Additionally, the defendant has been directed to submit a written statement in the case.
Represented by Advocate Shreya Sethi, Moti Mahal Delux Management Services Private Limited asserted that it holds trademark rights over multiple brand names, including “Moti Mahal,” “Moti Mahal Group,” “Moti Mahal Management Services,” and “Tandoori Trail.” However, the defendant restaurant currently unrepresented in court continues to operate under the disputed name.
During the proceedings, Justice Bansal acknowledged that the Malcha Marg restaurant had been operational for a significant period. Given that Malcha Marg is a prominent diplomatic enclave, the high court observed that the restaurant’s presence in such a location indicated some underlying basis for its operations. “Since the restaurant has been functioning in Malcha Marg, there must be some rationale behind it,” the court noted before proceeding to issue summonses to the defendant.
This is not the first instance of Moti Mahal Delux Management Services Pvt Ltd defending its brand in court. In December last year, another bench of the Delhi High Court granted the company temporary relief in a similar case against its former franchisee, which was found to be infringing on its trademark and copyright. At the time, the court issued an injunction restraining SRMJ Business Promoters Pvt Ltd from using the disputed trademarks or deceptively similar brand names to market, advertise, or operate any restaurant or catering business.
The court’s decision in that case reinforced the principle that businesses operating under a franchising model cannot continue using the brand’s name and identity once their association with the parent company ceases. Moti Mahal Delux Management Services Pvt Ltd contends that similar legal principles should apply in the current dispute involving the Malcha Marg restaurant.