Delhi High Court Rules In Favour Of Haveli Restaurants, Asks 'Punjabi Haveli' To Remove Ads From Third Party Websites

Ruling in favour of famous Haveli Restaurant and Resorts, the Delhi High Court has recently asked a Ludhiana based company running under the name “Punjabi Haveli” to refrain from using “Haveli” marks and to remove its advertisements or listings from third party websites.

Justice Manmeet Pritam Singh Arora directed Punjabi Haveli to remove its board or hoarding or display material under the impugned mark and further to immediately remove or delete its social media accounts.

The Court passed ex parte ad interim order in favour of Haveli Restaurant and Resorts Limited in a trademark infringement suit filed against Adison Resorts Limited.

It was Haveli's case that the defendant company sought to register the mark PUNJABI HAVELI on a 'proposed to be used' basis which was subsequent to its long standing and continuous use of the 'HAVELI' mark.

It was submitted that the parties had entered into discussions in 2021 regarding a potential business arrangement, wherein the Defendant's premises was proposed to be absorbed into Haveli chain of establishments. However, the deal did not materialize.

Haveli alleged that the defendant company, despite having no rights, authorization, or consent from the Plaintiff, undertook renovations and rebranding of its premises, deliberately incorporating distinctive and recognizable aspects of Haveli restaurants' key elements and thematic design.

It was contended that the Defendant company had adopted and replicated Haveli's cultural theme, artistic layout, visual motifs, color schemes, interior designs, and most significantly, the overall ambience of the establishments running under the name and brand of HAVELI.

Comparing the two marks, the Court said that the Defendant had made an attempt to create an impression that the goods and services provided by it under the impugned mark were associated with Haveli Restaurant and Resorts Limited.

It concluded that the Defendant had used the colour scheme of Red and White colour, which was identical to the colour scheme used by Haveli to represent its trademarks.

It further said that the Defendant had also adopted the unique stylistic element used by the Haveli for its mark and had not only replicated the Haveli trademark's font style but also replicated the artistic elements employed by Haveli Restaurants for its trademark.

“In view of the aforesaid, this Court is of the prima facie opinion that the impugned mark of the Defendant is identical to the trademarks of the Plaintiff, and the Defendant has copied all the features of the Plaintiff's trademarks with a sole intention to unlawfully ride upon the of Plaintiff's goodwill and reputation,” the Court said.

Title: HAVELI RESTAURANT AND RESORTS LTD v. ADISON RESORTS LIMITED

Citation: 2025 LiveLaw (Del) 1037

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