ISHWAR BHUVAN Vs. RAJDHANI

JUDGEMENT

(1.) The Plaintiff claims to be a registered partnership firm running a restaurant under the name and style RAJDHANI. The Plaintiff contends that its restaurant RAJDHANI has acquired a good reputation over the last forty years. The restaurant RAJDHANI serves Gujarati meals and/or Gujarati food in Mumbai as well as other places. The Plaintiff has also started serving Rajasthani meals/food. The Plaintiff provides catering services to office goers in the city as well as on social occasions and functions. The Plaintiff has set up another restaurant in Nasik offering the same services as their restaurant at Mulji Jetha Market in the city.

(2.) The Plaintiff contends that it is the proprietor of the name and mark RAJDHANI in relation to the restaurant business of food and beverages catering service in Mumbai. An application has been made for registration of the trade mark RAJDHANI (stylized) in class 42. The Plaintiff claims that it has generated an annual revenue of Rs.62,83,813/- for the year 2003-2004 in respect of its RAJDHANI restaurant.

(3.) The Plaintiff contends that it came across the Defendants using the same mark RAJDHANI. The Plaintiff, therefore, called upon the Defendants to cease and desist from using the name and mark RAJDHANI which was an essential feature of the Plaintiff's trading name and style. It appears that despite several letters, the Defendants have continued to use the word RAJDHANI as their mark on the footing that it is a generic term and nobody can claim a monopoly over such a name. The Plaintiff has, therefore, sought an injunction against the Defendants from using the word RAJDHANI in respect of their business.