Delhi Court Restrains Rampur Restaurant from Using 'Karim's Food', Awards Rs 2 Lakh to City Chain

A commercial court in Delhi recently restrained a Rampur-based restaurant from using the name “Karim's Food”, holding that it was deceptively similar to the iconic Mughlai restaurant chain Karim's in Delhi. The court also awarded Rs 2 lakh as punitive damages to the Delhi-based restaurant group, which has been serving Mughlai cuisine for over a century. In an order passed on October 18, District Judge Sanjeev Kumar Malhotra of the Commercial Court, Tis Hazari, found that “Karim's Food” was phonetically and conceptually identical to the Delhi restaurant's registered marks. According to Delhi restaurant, Karim's founded in 1913 by Haji Karimuddin is one of Delhi's most renowned eateries, operating under the names “Karim,” “Karim's,” and “Kareem.” The restaurant chain holds several registered trademarks under the Trade Marks Act, 1999 and enjoys a strong legacy and goodwill across India. In June 2024, the Delhi restaurant discovered that a restaurant named “Karim's Food” was operating in Rampur, Uttar Pradesh, using a similar name and serving the same cuisine. Karim's sent a legal notice demanding the Rampur outlet stop using the name but received no response. Despite being served notice via WhatsApp and courier, the Rampur restaurant remained unrepresented in court. Consequently, the case proceeded based on the evidence presented by the Delhi Chain. The court found that there were phonetical similarities between the names of Rampur restaurant and the Delhi Chain. It further observed that trademark comparison should be made from the point of view of an average consumer, who relies on general impressions rather than side-by-side comparison.“If the pronunciation of both the words generate the similar phonetic effect, then the same has to be considered. For deciding so, the same has to be done from the aspect of a consumer, who does not go to the market with trademarks in his memory and just has a general impression of the name of the product and if the prominent features of the name in his memory are similar, then he is bound to be confused.”, it said. The court held that the Rampur restaurant had dishonestly adopted a deceptively similar mark to benefit from Karim's reputation. It observed, “Balance of convenience also lies in favour of the plaintiff, who has been using the trademark since 1913 and it appears that defendant has dishonestly chosen to adopt a deceptively similar trademark as of the plaintiff with a view to pass off his goods as that of the plaintiff. In case, the injunction, as prayed is not granted, irreparable injury shall be caused to the plaintiff.” While Karim's had sought Rs10 lakh in damages, the Court found no evidence of direct financial loss. However, it ruled that misuse of such a famous brand inevitably harms its goodwill and reputation. The court accordingly awarded Rs 2 lakh as punitive damages and permanently restrained the Rampur restaurant and its agents from using the name “Karim's Food” or any deceptively similar mark in the future. Case Title: M/s Karim Hotels Pvt. Ltd. v. Karim's Food Case Number.: CS (Comm) 51/2025Appearance: For the Plaintiff: Advocate Manoj MalikClick Here To Read/Download The Order

Delhi Court Restrains Rampur Restaurant from Using 'Karim's Food', Awards Rs 2 Lakh to City Chain

Ayushi Shukla

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