Khan Chacha TM Infringement: Delhi HC Orders Swiggy & Zomato To Remove 24 Entities

The Delhi High Court on Monday issued an ex-parte interim injunction order protecting the trademark ‘Khan Chacha’ against 24 infringing entities and directed food delivery apps Zomato and Swiggy to remove the infringers from their respective mobile applications.

Justice C Hari Shankar observed that the plantiff, Gupta and Gupta Pvt Ltd, which claimed to be the owner of the trademark Khan Chacha, made out a clear prima facie case of infringement.

The Court stated, “The plaintiff has established a clear prima facie case of infringement because the word mark “KHAN CHACHA” has been registered in the plaintiff’s favour in both classes 29 and 43, with user claim, since 1972. Any other entity using the “KHAN CHACHA” moniker for similar services would thus, clearly infringe the plaintiff’s registered mark under Section 29(1) of the Trade Marks Act, 1999.”

Gupta and Gupta filed a complaint against 24 entities, alleging that these entities were providing services similar to the plaintiff’s by using marks that included ‘Khan Chacha’ without authority, under classes 29 and 43 of the classification of goods and services for trade mark purposes.

The suit sought an injunction against these entities, as well as a directive that Zomato and Swiggy remove the infringing companies from their platforms.

The Court issued notice in the suit, directed the defendants to file responses within four weeks. The matter is listed for further hearing on April 11, 2023.

The Court restrained the defendants from using any mark that included the words ‘Khan Chacha’ for services identical or related to classes 29 and 43 of the classification of goods and services for trade mark purposes until the next date of hearing.