Suit brought before Delhi High Court “Kake-Da-Hotel” Trademark infringement
In a trademark infringement suit brought by Delhi’s famous food outlet “Kake-Da-Hotel”, the before Delhi High Court against Nashik based Kaka-Ka Dhaba Pvt. Ltd, for using the trademark “Kaka-Ka Restaurant‟, “Kaka-Ka Hotel”, “Kaka-Ka Dhaba” and “Kaka-Ka Garden” for their outlets. Court will decide whether the word “Kaka” or “Kake” can be monopolised under the Trade Marks Act, 1999 for running a food outlet.
Plaintiff has the registered trademark “Kake Da Hotel”, it is also using the mark “K-D-H” with it. The Defendants also applied for registration for “Kaka-Ka Dhaba” which is under challenge before the Intellectual Property Appellate Board by the Plaintiff.
The Plaintiff “Keke Da Hotel” outlet’s name was used first time in 1931 when it was used for a restaurant in Lahore, Pakistan. Post partition, a restaurant in the same name was opened at Connaught Place, New Delhi. The earliest trademark registration dates back to December 1950 and the claim of the user is from June 1931.
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The Defendants adopted the mark “Kaka-Ka Dhaba” for their outlet since 1997.
With the defendants arguing that the word ‘Kaka’ is generic and no monopoly can be claimed in the same, Justice Prathiba M Singh recorded,
“The question as to whether the word “Kaka” or “Kake” can be monopolized by any party is to be adjudicated at trial.”
The Plaintiff was represented by advocate Shobhana Takiar.
The Defendant was represented by Senior Advocate Akhil Sibal with advocates Hiren Kamod and Rahul Vidhani.