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The Delhi High Court declared ‘Bukhara’ of ITC Limited as a well-known trademark under Section 2(zg) read with Section 11(2) of the Trade Marks Act and directed the Registrar to add it to the list of well-known trademarks. Completion of necessary formalities.
Justice Pratiba M. Singh The judgment states that certain trademarks or names which have attained the status of well-known marks have been recognized and recognized by the courts of India over the last two-three decades.
“For example, marks like ‘APPLE’, ‘WHIRLPOOL’, ‘BENZ’ etc. have been recognized as ‘well-known’ marks even though the said marks were actually used on a commercial scale in India. Recognition of ‘well-known’ marks was finally statutory in the Trade Marks Act, 1999. was incorporated, thus strengthening the recognition accorded to such a mark,” Justice Singh said.
The court said documents placed on record by ITC Ltd show that “not only is the mark ‘Bukhara’ intrinsically linked to Indian cuisine” but the restaurant is internationally recognized as a traditional stop for foreign celebrities and dignitaries.
“Furthermore, the plaintiff’s restaurant has received numerous awards, recognizing it as the Best Restaurant in Asia, the Best Indian Restaurant in the World in 2006 and 2007 and the “Best Hotel Restaurant Award in India” by Travel & Leisure in 2016. As discussed above. In light of this overwhelming evidence, the plaintiff’s mark The reputation and global distinction earned by ‘Bukhara’ is well established and the said restaurant has clearly internationalized the cuisine of India.”
Observing the US judgments – where the ITC had failed to protect the mark, would not be applicable in the Indian context, the court said that in India the brand enjoys considerable goodwill and reputation not only among Indians but also among foreigners who travel to and carry goods in India. Back to the aforementioned fame.
“In view of all these circumstances which are contrary to the position in the United States, and considering the Indian legal position as stated above and the immense reputation and goodwill evidenced from the documents placed on record which are not denied by the defendants, the mark read with Section 11(2) of the Act is Section 2(zg ) under which the plaintiff’s ‘Bukhara’ is declared as a well-known mark. The Registrar of Trademarks shall add it to the list of well-known trademarks on the plaintiff completing the necessary formalities.”
The court gave the decision on November 14 in a case filed by ITC to protect its trademark ‘Bukhara’ which it uses in relation to restaurants and other hospitality services. The group adopted the mark for its restaurant at the ITC Maurya Hotel in Chanakyapuri in the late 1970s.
Although the case was primarily against the adoption of the mark ‘Balkh Bukhara’ by a restaurant in Gurgaon, the ITC also sought declaration of the mark ‘Bukhara’ as a well-known mark under Section 2(zg) of the Act.
In the suit, ITC Limited said the Gurgaon restaurant imitated various aspects of its ‘Bukhara’ restaurant – name, logo and font, restaurant interior, decor, seating, staff uniforms, bibs/aprons, utensils, wooden menu and overall look and feel of the restaurant.
In response, the defendants agreed not to use the ‘Balkh Bukhara’ mark or any other mark containing the word ‘Bukhara’ for their restaurants, hotels, or other hospitality-related services.
Accordingly, the Court held that the defendants shall refrain from using the mark ‘Balkh Bukhara’ or any other mark that is identical or deceptively similar to the plaintiff’s mark ‘Bukhara’ for their restaurant, hotel or other hospitality related services.
The court also recorded that the defendants agreed to change the menu cards, jackets and copper glasses similar to the plaintiff’s items as part of their restaurant server uniforms.
“Regarding other elements of the restaurant, the defendants agree to change and remove the name and word ‘Bukhara’ from the restaurant, display boards, any promotional items, boards, website and other items including napkins, menus. cards, uniforms, invoices, stationery and its Any other place within the restaurant where such signs are visible, on or before December 31, 2022,” it added.
Title: ITC Ltd. vs. Central Park Estates Pvt. Ltd. and ANR
Click here to read/download the judgment
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