In a savory legal spat before the Delhi High Court, Moti Mahal proprietors have taken umbrage with Daryaganj Hospitality Pvt. Ltd. restaurant owners over the tagline "Inventors of Butter Chicken and Dal Makhani."
However, Under the Indian Trademarks Act, the protection of a tag line is afforded through its registration as a trademark only. A tag line, also known as a slogan or a catchy phrase, can be registered if it meets the criteria of distinctiveness and is not already in use or registered by others. Once registered, the tag line is safeguarded against unauthorized use, providing the owner with exclusive rights. However, when an entity tries to protect its heritage or legacy by way of a tagline, its gets tricky as the same rules of trademark shall be applied to protect the taglines. Generally, taglines like these are not very distinctive in nature and only the test of prior user shall be applied rather than actually going into the merit of a party’s claim of legacy. It is crucial for businesses to understand and utilize this legal framework to protect their brand identity effectively.
PS: I am an ardent fan of both the dal makhanis :p
#intellectualproperty#trademark#delhihighcourt#iplaw
Moti Mahal or Daryaganj? Delhi High Court to examine which restaurant invented Butter Chicken, Dal Makhani
Moti Mahal has sued Daryaganj restaurant over the use of the tagline "Inventors of Butter Chicken and Dal Makhani"; it claims that Daryaganj is misleading people.
Senior Advocate Sandeep Sethi and Chander Lall along with advocate Shreya Sethi appeared for the proprietors of Moti Mahal.
Senior Advocate Amit Sibal along with advocates Pravin Anand, Dhruv AnandUdita Michelle Patro, Revanta Mathur, Nimrat Singh and Dhananjay Khanna represented the owners of Daryaganj restaurant.
Born into a Jain family, and married into another, vegetarianism was a way of life for Aditi Dugar. So much so that, for a year after she launched her fine-dining restaurant Masque in Mumbai, her father-in-law wouldn't set foot in the restaurant that would serve outlandish protein like rabbit and ant.
That was then. Now, he is one of the proudest patrons of the restaurant, and Masque has thrice been voted as India's best restaurant. This year, it also debuted in World's 50 Best, an elite ranking of restaurants around the world. How did Dugar build up her F&B fief brick by brick? Pankti Mehta and I write
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