Delhi HC Awards Rs 5 Lakh To Restaurant Chain ‘Veerji Malai Chaap’ In Trademark Row

The Delhi High Court has awarded Rs 5 lakh in damages to the restaurant chain Veerji Malai Chaap Wale and restrained several other eateries from infringing its registered trademark.

A bench of Justice Amit Bansal passed the order while hearing a plea by the restaurant chain seeking a permanent injunction against multiple defendants to prevent them from using deceptively similar marks.

The Court observed that the defendants had been taking unfair advantage of the plaintiff’s goodwill and reputation. It said," The aforesaid defendants have deceived the unwary consumers by dishonestly adopting the impugned marks in relation to the impugned services without any plausible explanation.”

Incorporated in 2020, the plaintiff company currently operates over 70 outlets across the country. In September 2023, it was discovered that the defendants were using deceptively similar marks across various Indian cities, including Bhopal, Delhi, Raipur, and Haridwar, respectively. It was submitted that the defendants were misusing the trademark to ride on the plaintiff’s goodwill and deceive consumers.

After carefully examining the plaintiff’s trademarks and those used by defendants no. 2 to 6, the Court observed, “A bare perusal of the comparison above and the material on record shows that the defendants no.2 to 6 have adopted and are using the impugned marks, which are identical with/similar to the plaintiff’s mark, in relation to the impugned services, which are also identical with the plaintiff’s services under the plaintiff’s marks.”

Accordingly, the Court held that the plaintiff had established a clear case of trademark and copyright infringement, as well as passing off.

“In light of the foregoing analysis, this Court concludes that the conduct of the defendants no.2 to 6 not only warrants but also necessitates the 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 ₹5,00,000 in favour of the plaintiff. Each of the defendants no.2 to 6 shall pay ₹1,00,000 to the plaintiff,” the Court said in conclusion.

Case Title: MS Veerji Restaurant Private Limited vs Yash Rai & Ors.

Order Date: 8th July 2025

Bench: Justice Amit Bansal