Delhi HC Grants Relief To Dolma Aunty Momos In Trademark Infringement Case

The High Court of Delhi recently recognized the right of prior use and goodwill, and has come to the rescue of the Petitioner by striking down the registered trade mark of the infringer.

Dolma Tsering, proprietor of Dolma Aunty Momos, operates multiple outlets in Delhi since 1994, with her principal place of business at Lajpat Nagar. The petitioner encountered instances of unauthorized use of her trade name, Dolma Aunty Momos, by individuals selling identical product, i.e. momos.

In the present case, the Respondent obtained a trademark registration identical to the petitioner's established trade name. This blatant infringement of intellectual property rights prompted the petitioner to challenge the registration under Section 57 of the Trade Marks Act

After examination of the facts and legal precedents, the Single Judge recognized the prima facie case in favor of the petitioner. The Court has granted the rectification petition, thereby directing the Trade Marks Registry to expunge the impugned mark from the register.

The petitioner was represented by Kred Jure—with Mr. Ankur Mahindro as its Partner and Senior Associates, namely Mr. Aditya Kapur, Mr. Rohan Taneja, Mr. Soumil Gonsalves, Mr. Ankush Satija, and Mr. Mohit Dagar, Advocates. The respondent refused to appear in spite of receipt of summons.