38.6c New Delhi, India, Wednesday, May 29, 2024
Judiciary

No monopoly over ‘Chur Chur Naan’, ‘Amritsari Chur Chur Naan’ as they are generic: Delhi HC

By LawStreet News Network      18 May, 2019 12:00 AM      0 Comments

The Delhi High Court has held that there can be no monopoly over the terms ‘Chur Chur Naan’ and ‘Amritsari Naan’ as they are “completely generic”.

The court said the word 'Chur Chur' merely means "crushed" and 'Chur Chur Naan' means "crushed Naan" and nothing more, and it is incapable of acquiring trademark signification.

Justice Prathiba M. Singh passed the order while hearing a plea filed by Praveen Kumar Jain, the owner of an outlet in Paharganj that sells naan and other food items. He had claimed exclusive rights on the expression 'Chur Chur Naan' as he had the registration for it.

Jain had filed the suit for alleged trademark infringement against another outlet which uses a similar expression.

The court said if registrations are wrongly granted or applied for such generic expressions, it cannot ignore it. It said these terms are used in normal conversational language and there cannot be any monopoly in respect of such an expression.

"The plaintiff has obtained registration of the marks 'Chur chur Naan, Amritsari Chur Chur Naan', but the same would not in any manner prevent the bonafide description of the character of the naan which is crushed, that is, 'chur chur'," the court said.

The counsel for the defendants, against whom the suit was filed, contended that no monopoly can be granted to such generic expressions as there were a large number of outlets which use the name 'Chur Chur Naan' and they also submitted that the trademarks of Jain are liable to be rectified as they lack basic distinctiveness.

The court said the defendants have been able to show entries on various websites such as Zomato, Justdial and Eattreat where third parties are using 'Chur Chur Naan' and 'Amritsari Chur Chur Naan' with several prefixes and suffixes.

"The same are very common to the trade and are used by a large number of parties as is evident from the entries from third party websites which are placed on record. Thus, there cannot be any monopoly on the terms 'Chur Chur Naan and Amritsari Chur Chur Naan as the same are generic," Justice Singh said.

 



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

battle-over-butter-chicken-moti-mahal-takes-daryaganj-to-court-in-trademark-showdown
Trending Business
Battle Over Butter Chicken: Moti Mahal Takes Daryaganj to Court in Trademark Showdown

Moti Mahal and Daryaganj restaurants clash in Delhi High Court over trademark claims, each asserting they invented Butter Chicken and Dal Makhani.

28 May, 2024 11:33 AM
punjab-and-haryana-high-court-upholds-eds-arrest-of-aap-mla-dismisses-plea-challenging-detention
Trending Judiciary
Punjab and Haryana High Court Upholds ED's Arrest of AAP MLA, Dismisses Plea Challenging Detention [Read Order]

Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh's plea against his ED arrest, ruling it was in line with Section 19(1) of the PMLA.

28 May, 2024 11:56 AM

TOP STORIES

no-legal-mandate-for-uploading-of-form-17c-on-website-or-handing-over-to-anyone-other-than-candidate-or-agent-ec-tells-sc
Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
national-security-always-paramount-sc-cancels-bail-of-pfi-members
Trending Judiciary
'National security always paramount,' SC cancels bail of PFI members [Read Judgment]

SC emphasizes national security, cancels bail of eight PFI members, stressing balance between civil liberties and counter-terrorism under UAPA.

23 May, 2024 12:05 PM
calcutta-hc-invalidates-five-lakh-obc-certificates-issued-after-2010-cites-unconstitutional-grounds
Trending Judiciary
Calcutta HC Invalidates Five Lakh OBC Certificates Issued After 2010, Cites Unconstitutional Grounds [Read Judgment]

Calcutta High Court invalidates OBC certificates issued after 2010, declaring them unconstitutional. Court cites undue haste and procedural impropriety.

23 May, 2024 03:33 PM
mp-high-court-grants-police-protection-to-couple-facing-honour-killing-threats-over-marriage
Trending Judiciary
MP High Court Grants Police Protection to Couple Facing Honour Killing Threats over Marriage [Read Order]

MP High Court grants police protection to a couple facing death threats from their parents for marrying without consent, citing serious measures against honor killings.

23 May, 2024 03:45 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email