1. Monish Gujral, Rupa Gujral, Ashim Gujral and Moti Mahal Delux Management Services Pvt. Ltd. Plaintiff Nos. 1 to 4 respectively, have filed the present suit against M/s. Best Food and Mr. Vinay Garg, Defendant Nos. 1 and 2 respectively, praying for a permanent injunction and damages for infringement of trademark, passing off and unfair competition.

2. The Plaintiffs state that they are the registered proprietors of the well-known trademarks ‘MOTI MAHAL’ and MOTI MAHAL Formative marks which are registered in India and in many jurisdictions across the world. Plaintiff No. 4 is stated to be running a chain of Moti Mahal restaurants.

3. It is stated that the Defendants were ex-franchisees of the Plaintiffs and were into the business of providing hospitality services. The grievance of the Plaintiffs is that the Defendants continued to carry their operations under the said trademark MOTI MAHAL Delux Tandoori Trail despite the franchisee agreement having being terminated on 25th February 2015. The Plaintiffs claimed that such continued unauthorised use of the said trademarks by the De