The Delhi High Court has agreed to adjudicate a trademark infringement suit filed by the Capital’s food outlet — Kake-Da-Hotel — on whether the word ‘Kaka ’ or ‘Kake ’ can be monopolised by any party.
Justice Prathiba M. Singh has directed a Nashik-based food outlet named Kaka-Ka Dhaba not to use Kaka-Ka Hotel for the three restaurants already operating in Nashik in Maharashtra.
The judge also directed Kaka-Ka Dhaba not to open more outlets with the prefix ‘Kaka-Ka’ in the name during the pendency of the present suit.
The High Court’s interim direction came during the hearing of a petition filed by Delhi’s Kake-Da-Hotel against the use of a similar sounding name by a restaurant in Nashik.
Since 1931
It was argued that Kake-Da-Hotel adopted its trademark Kake-Da-Hotel, which is operating in Connaught Place since 1931. The name was used for a restaurant which started in Pakistan’s Lahore. Dhaba founder Amolak Ram Chopra had shifted to Delhi after the Partition and opened a restaurant here under the same name.
It was claimed that the name Kake-Da-Hotel had acquired enormous goodwill and a good reputation. The earliest trademark registration dates back to December 14, 1950.
It also claimed that after several years of use the outlet also registered the trademarks ‘K-D-H Kaku-Da-Hotel’ and ‘K-D-H Kake-Da-Hotel’.
The suit was filed on the grounds that the Nashik-based outlet had started the use of Kaka-Ka Dhaba.
The Nashik-based outlet responded that it had adopted the name Kaka-Ka Dhaba in 1997. It said there was a food cart being used by the family since the early 1980s called Kaka-Ka Dhaba.
The defendants claimed these three outlets were started at least 17 years ago and the prefix ‘Kaka-Ka’ was used by them for these outlets with different descriptions.
It added that the word ‘Kaka’ is generic and no monopoly can be claimed over the same.
