Delhi High Court Declares 'Haldiram' As Well-Known Trademark, Says Its Origins Deeply Rooted In India's Culinary Tradition

The Delhi High Court has declared “Haldiram” as a well-known trademark, observing that the origins of the multinational sweets, snacks and restaurant company is deeply rooted in India's rich culinary tradition.Justice Prathiba M Singh said that Haldiram has not only established a presence within the national market but has also extended its influence globally, transcending geographical, cultural, and national boundaries.“As evidenced by the documents placed on record, Plaintiff's global footprint is indicative of the brand's robust spill-over reputation, where the authenticity of 'HALDIRAM'S' products resonate with a diverse audience including in those regions where the brand does not have legal presence,” the court said. The court made the observations while dealing with a suit filed by Haldiram seeking protection of its mark “Haldiram” and a declaration that the said mark along with its variations “Haldiram Bhujiyawala” are declared as well known. The suit was filed against a Haryana-based entity, Haldiram Restro Private Limited, and its proprietors who were using the mark 'HALDIRAM BHUJIAWALA' to promote products like ghee, salt, wheat flour, packaged water, and basmati rice.The court permanently restrained the defendant entity from using the impugned marks 'HALDIRAM BHUJIAWALA' or 'HALDIRAM's' or any other marks that are deceptively similar to Haldiram's marks. It also awarded Rs. 50 lakhs as damages and Rs. 2 lakhs as costs in favour of Haldiram.The court further adjudicated upon Haldiram's claim of a well-known declaration even in respect of West Bengal, an area where its right did not exist in terms of a dissolution deed. According to the said deed, Haldiram's predecessors were given exclusive rights to use the said mark in all of India, except West Bengal. Justice Singh said that the situation was peculiar as even though Haldiram did not hold rights in respect of the mark 'HALDIRAM' or 'HALDIRAM BHUJIWALA' in West Bengal, it claimed the same as a 'well-known', throughout the territory of India, including West Bengal. “The Plaintiff exports its products not just within Asia, but to a large span of other countries. In this context, the claim for 'HALDIRAM' to be recognized as a 'well-known' mark throughout India, inclusive of West Bengal, is a testament to the Plaintiff's cultural and commercial imprint,” the court said. It added that such dynamism aims to safeguard the goodwill and trust a mark commands among consumers, irrespective of territorial divisions. The court observed that the fact that there may be a division between certain family members territorially, would not affect the decision in declaring the mark as well-known, as it is the reputation and goodwill of the mark across products and services that is being recognised by a well-known declaration.“Thus, this Court is of the opinion that based on the averments in the plaint, the documents on record, and the reputation of the 'HALDIRAM'S' mark and logo as gleaned from the record, it is clear that the Plaintiffs' mark and logo 'HALDIRAM', as well as the Oval-shaped mark, have acquired 'well-known' status,” it said.Counsel for Plaintiff: Mr. Neeraj Grover, Ms. Arpita Mishra, Mr. Kashish Sethi, Ms. Sunidhi Gupta, Ms. Ayushi Chandra, Ms. Ritu Khandelwal, AdvocatesTitle: HALDIRAM INDIA PVT. LTD v. BERACHAH SALES CORPORATION & ORS.Citation: 2024 LiveLaw (Del) 394Click here to read order

Delhi High Court Declares 'Haldiram' As Well-Known Trademark, Says Its Origins Deeply Rooted In India's Culinary Tradition

Nupur Thapliyal

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