Delhi High Court issues injunction against Benne Delhi over trademark dispute

The Delhi High Court has issued an ex parte ad interim order restraining the eatery Benne Delhi from using the names "BENNE" and "BENNE DELHI." The injunction covers all business operations, including social media handles and domain names. The lawsuit was filed by Shimow Hospitality Private Limited, which operates a chain of dosa restaurants.

Shimow Hospitality, which opened its first outlets in 2024, argued that its brand has gained significant reputation and goodwill. The plaintiff claims that the defendant’s use of the name constitutes passing off, leading consumers to confuse the two businesses. The court, led by Justice Vikas Mahajan, determined that a prima facie case existed to grant the temporary restraint until the next hearing.

The legal dispute highlights ongoing tensions regarding the trademarking of descriptive, common words. "Benne" translates to butter in Kannada, a term widely used in the restaurant industry. While the court has granted the interim order, it has yet to address the substantive issue of whether a business can claim exclusive rights to a term that is standard within a specific culinary trade.

Benne Delhi has been given four weeks to file a response to the injunction application. The proceedings remain ongoing as the court evaluates the balance of convenience and the potential for irreparable harm to the plaintiff's business interests.