HC Grants Permanent Injunction in Favor of Rishikesh-Based Chotiwala Restaurant Over Trademark Infringement, Awards Rs 3 Lakh Damages

The Delhi High Court in the case Chotiwala Food And Hotels Private Limited vs. Chotiwala & Ors. observed and has granted a permanent injunction in favor of Rishikesh-based restaurant Chotiwala Food And Hotels Private Limited, wherein the court restrained three Delhi-based restaurants from using Chotiwala's name, trademark and artistic work.

- TDG NETWORK

The plaintiff No. 1 i.e., Chotiwala Food And Hotels Pvt. Ltd was established in the year 1958 at Rishikesh, Uttarakhand and was previously named Chotiwala Shudh Ghee Bhojanalay and Chotiwala Bhojanalay.

In 1995, the restaurant was renamed as 'Chotiwala' and it obtained various trademark registrations for the Chotiwala mark.

The said restaurant also created artworks for their restaurant and has registered the copyright for the same. The Chotiwala states that it deploys real-life mascots at the restaurant to attract customers and the mascot has become an iconic symbol of the restaurant.

It has also been stated before the court that Chotiwala has become distinctive to the restaurant and gained immense goodwill among customers.