Prathiba M. Singh, J.

I.A. 5942/2019 (u/O XXXIX R 1 and 2)

The delicacies in the streets of Delhi are legendary. Whether it is Chandni chowk for its paranthe wali gali, Paharganj and Karol Bagh for their eateries, Kamla Nagar for its chaat, Connaught Place and Pandara road for their restaurants, Jama Masjid and Nizamuddin areas for their Mughlai cuisine, regional food at the various bhavans - these food outlets have been catering to consumers from all walks of life from the connoisseurs to the common man.

2. The present case involves two outlets based in Paharganj which sell Naan and other food items. The Plaintiff claims exclusive rights in the expression 'Chur Chur Naan' against the defendant who uses a similar expression for its outlet. The question is whether there can be any monopoly in the expression 'CHUR CHUR NAAN' or "AMRITSARI CHUR CHUR NAAN'.

3. The Plaintiff has filed the present suit for permanent injunction restraining infringement of trade mark, copyright passing off, rendition of accounts etc. The trade marks over which the Plaintiff seeks injunction are 'CHUR CHUR NAAN', "AMRITSARI CHUR CHUR NAAN" and "PAHARGANJ KE MASHOOR AMRITSARI NAAN".

4. The Plaintiff's c