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Synopsis

The Delhi High Court, recently, issued a notice in a contempt petition filed by Kentucky Fried Chicken (KFC) against American Fried Chicken (AFC) contending that the court had already passed an order restraining Muhammad Ali. M from using the disputed mark AFC. The bench of Justice Mini Pushkarna listed the matter for February 25, 2025.

An application was filed under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (“CPC”), read with Sections 11 and 12 of the Contempt of Court Act, 1971, along with Section 151 CPC, seeking action for non-compliance with the orders issued by this Court on 5th September 2024 and 22nd October 2024.  

Advocate Prithvi Singh, for the plaintiff, submitted that the Court had granted an ad-interim injunction in favor of the plaintiff, by an order dated 5th September 2024, restraining Muhammad Ali. M from using the disputed mark "AFC." 

It was further submitted that pursuant to the order dated 22nd October 2024, Muhammad Ali. M was additionally restrained from using the contested domain names, namely, www.afc.world and www.afconline.in. 

It was asserted that, despite the injunction being in effect, the defendants continued to use the disputed marks on their websites, social media platforms, and other third-party websites. Moreover, the aforementioned domains remained active.  

The court issued a notice in the matter. Further, notices were directed to be issued to the other non-applicants. A reply was to be filed within four weeks, with any rejoinder to be submitted within two weeks thereafter. 

For Plaintiff: Advocates Prithvi Singh and Devyani Nath
For Defendant: Advocates Mrinal Ojha, Debarshi Dutta, Arjun Mookerjee, Nikita Rathi and Rishabh Agarwal
Case Title: Kentucky Fried Chicken ​​v Muhammad Ali. M (CS(COMM) 718/2024)