In the heart of the Indian culinary world, a legal clash has emerged between two iconic Delhi-based restaurant chains, Moti Mahal and Daryaganj. This dispute, now before the Delhi High Court, revolves around the rightful claim to the invention of the beloved dishes, Butter Chicken and Dal Makhani.

Moti Mahal, tracing its roots back to 1920, asserts that its founder, Kundal Lal Gujral, introduced these dishes post-Partition, establishing a culinary legacy. Daryaganj, gaining fame through Shark Tank India, declared itself the “inventor” of both dishes, attributing the culinary innovation to Kundan Lal Jaggi.

The legal battleground involves trademark infringement and passing off, with Moti Mahal accusing Daryaganj of misleading the public and using a manipulated photograph of the Peshawar Moti Mahal on its website. Moti Mahal’s plea seeks to restrain Daryaganj from claiming any association with Moti Mahal and using specific taglines.

Daryaganj’s defense labels the suit as “misconceived” and argues that a cropped photograph on their website aims to avoid trademark infringement. Despite this, Daryaganj commits to removing the contentious photograph as a “conciliatory gesture.” The case is ongoing, with the next hearing scheduled for May 29, 2024.

Delving into the legal intricacies, trademark law in India, governed by the Trade Marks Act, of 1999, grants exclusive rights to registered symbols. Trademark infringement occurs when unauthorized use of a registered mark takes place. The concept of passing off, a form of unfair trade competition, is crucial in attribution disputes, where one party deceives consumers about the association with an established brand.

The article explores the Indian standpoint on trademark registration and protection, analyzing the nuances of ‘passing off.’ It also delves into the concept of attribution and the moral rights of trademark owners, highlighting the ambiguity in Indian trademark law regarding explicit provisions for moral rights. Section 30(4) of the Trade Marks Act becomes significant, allowing trademark owners to oppose further dealings if legitimate reasons, like changes or impairments to goods, exist.

In the Moti Mahal v. Daryaganj dispute, the lack of explicit mention of moral rights in Indian trademark law adds complexity. While Section 30(4) provides a potential recourse, its effectiveness requires careful interpretation and proof of damage to goodwill.

The ongoing case not only addresses legal nuances but also delves into historical attribution and cultural significance, intertwining with the legal concepts of passing off and trademark infringement. The court’s decision could set a precedent for future culinary disputes, shaping the narrative of iconic dishes like Butter Chicken and Dal Makhani.