In a trademark infringement suit filed by the popular food chain Veerji Malai Chaap Wale, the Delhi High Court has awarded ₹5 lakh in damages and costs against multiple eateries for unauthorised use of its mark.
While passing the order, Justice Amit Bansal noted that five of the defendant food joints failed to appear before the court, warranting not only a decree in favour of the plaintiff but also the imposition of exemplary damages. Each of these defendants—operating from Delhi, Raipur, Uttar Pradesh, and Haridwar, and listed on platforms like Zomato and Swiggy—has been directed to pay ₹1 lakh to the plaintiff.
The Court found that the defendants had been operating under deceptively similar names such as VEER JI MALAI CHAAP WALE, THE VEER JI MALAI CHAAP WALE, and VEERE DI MALAI CHAAP & KATHI KABAB, thereby exploiting the goodwill and reputation built by Veerji Restaurant over years of use and promotion.
Since no written statement was filed and the defendants were proceeded ex parte in December last year, the Court deemed all allegations in the plaint as admitted. It held that the infringing parties had dishonestly adopted the impugned marks to mislead consumers and gain unfair advantage.
Case Title: MS Veerji Restaurant Private Limited v. Yash Rai & Ors.
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