PARVEEN KUMAR JAIN Vs. RAJAN SETH

JUDGEMENT

(1.) I.A. 5942/2019 (u/O XXXIX R 1 and 2)

(2.) The present case involves two outlets based in Paharganj which sell Naan and other food items. The Plaintiff claims exclusive rights in the expression 'Chur Chur Naan' against the defendant who uses a similar expression for its outlet. The question is whether there can be any monopoly in the expression 'CHUR CHUR NAAN' or "AMRITSARI CHUR CHUR NAAN'.

(3.) The Plaintiff has filed the present suit for permanent injunction restraining infringement of trade mark, copyright passing off, rendition of accounts etc. The trade marks over which the Plaintiff seeks injunction are 'CHUR CHUR NAAN', "AMRITSARI CHUR CHUR NAAN" and "PAHARGANJ KE MASHOOR AMRITSARI NAAN".