Delhi High Court Orders Food Joints To Pay ₹5 Lakh Damages To 'Veerji Malai Chaap Wale' Restaurant Over Trademark Infringement

The Delhi High Court has awarded Rs. 5 lakh as costs and damages to famous Veerji Malai Chaap Wale restaurant in its trademark infringement suit against various eateries and food delivery joints. While the matter was settled with one of the defendant eateries, Justice Amit Bansal noted that the other five food joints did not appear before the Court and thus, their conduct not only warranted but also necessitated imposition of both costs and damages. “Thus, in addition to the decree passed in the terms already mentioned above and taking into account the entire facts and circumstances of this case, this Court also awards damages and costs of Rs. 5,00,000/- in favour of the plaintiff. Each of the defendants no.2 to 6 shall pay damages and costs amounting to Rs. 1,00,000/- to the plaintiff,” the Court said. The five defendants were operating restaurants and food joints in Delhi, Raipur, Uttar Pradesh and Haridwar. They were listed on food delivery platforms such as Zomato and Swiggy. It was Veerji Restaurant's case that the defendants were using trade marks in relation to their respective businesses which were identical with or deceptively similar to its mark “Veerji.”The defendants were running eateries under the names VEER JI MALAI CHAAP WALE, THE VEER JI MALAI CHAAP WALE and VEERE DI MALAI CHAAP & KATHI KABAB. They were proceeded ex parte in December last year. Decreeing the suit, the Court observed that no written statement was filed on behalf of the defendants and ll the averments made against them in the plaint were deemed to have been admitted. It added that the Veerji Restaurant, through its extensive and continuous use of its mark in India, significant sales made thereunder and promotion thereof, has been able to establish its goodwill and reputation under the “Veerji” mark in India.“Therefore, the defendants no.2 to 6 have been taking unfair advantage of the reputation and goodwill of the plaintiff under the plaintiff's marks. The aforesaid defendants have deceived the unwary consumers by dishonestly adopting the impugned marks in relation to the impugned services without any plausible explanation,” the Court said. Title: MS VEERJI RESTAURANT PRIVATE LIMITED v. YASH RAI & ORSCitation: 2025 LiveLaw (Del) 833Click here to read order

Delhi High Court Orders Food Joints To Pay ₹5 Lakh Damages To 'Veerji Malai Chaap Wale' Restaurant Over Trademark Infringement

Nupur Thapliyal

Tags