Delhi High Court Restrains Restaurant From Using 'Benne' Trademark In Infringement Suit

Delhi High Court Restrains Restaurant From Using 'Benne' Trademark In Infringement Suit

The Delhi High Court has restrained a Delhi-based restaurant from using the trademark 'Benne' or 'Benne Delhi' in a trademark infringement suit filed by Shimow Hospitality, which operates a chain of South Indian restaurants under the Benne brand.

Justice Vikas Mahajan held that the balance of convenience favoured Shimow Hospitality and that the company would suffer irreparable injury if interim protection was denied.

The dispute concerns the use of the word 'Benne', which means butter in Kannada and is commonly associated with Bengaluru-style benne dosa.

Shimow Hospitality claimed that it conceptualised the Benne brand in 2023-24, drawing inspiration from Bengaluru's traditional Darshini restaurant culture. The company operates five outlets, including three in Mumbai and two in Delhi-NCR.

Senior Advocate Chander M Lall, appearing for Shimow Hospitality, submitted that the Benne trademark had acquired substantial goodwill and reputation within a relatively short period.

The company alleged that it discovered in August 2026 that Benne Delhi was operating a cloud kitchen or restaurant offering identical cuisine under the same name.

Shimow Hospitality contended that the defendant's adoption of an identical mark for identical services was intended to exploit its established goodwill and could mislead consumers into believing that the two businesses were associated.

After considering the submissions and documents on record, the Court restrained Benne Delhi and persons acting on its behalf from using the marks 'BENNE', 'BENNE DELHI', or any identical or deceptively similar mark in connection with its business.

The interim injunction will remain in force until the next date of hearing on February 9, 2027.

Chander M Lall was briefed by Advocates Shikha Sachdeva, Mugdha Palsule, Kranav Kapur and Saksham Goyal.

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