Mumbai: The Bombay High Court has granted ad-interim relief to the restaurant chain Delhi Zaika, restraining Zidz Hospitality LLP and other defendants from using the registered trademark “DELHI ZAIKA”. The order follows a dispute among family members after one defendant, the plaintiff’s biological brother, allegedly breached a conditional arrangement governing trademark use.
In an order dated March 11, 2026, Justice Sharmila U. Deshmukh observed:
“The Plaintiff’s proprietary right in the registered trade mark of ‘DELHI ZAIKA’ is prima facie demonstrated from the registration certificate on record, which was secured in 2011. Considering the Plaintiff’s proprietary right, the Defendants are prima facie not entitled to use the registered trade mark without the Plaintiff’s consent.”
Family Arrangement and Conditional Use
The Court recorded that the restaurant business initially operated from a common kitchen under a verbal family arrangement. Moreover, the defendant, the plaintiff’s biological brother, was allowed to use the trademark conditionally, with profits shared between the parties.
However, in 2023, the defendants established a separate kitchen at Kurla, effectively ending the conditional arrangement. The Court noted:
“In 2023, the Defendants established a new kitchen at Kurla. Consequently, the permissive use granted by the Plaintiff ceased, and the Defendants were prima facie not entitled to use the registered trade mark.”
Allegations and Claims
Delhi Zaika, represented by partner Aamir Siddiqui, filed the suit against Zidz Hospitality LLP and others, alleging:
- Trademark infringement
- Copyright violation
- Passing off
The plaintiff claimed ownership of the registered mark “DELHI ZAIKA”, highlighting that it had earned significant goodwill and reputation and operated multiple restaurants under the brand. Additionally, the Court found that the defendants’ use of the identical mark was likely to confuse and mislead the public.
Court’s Order
Considering the evidence, Justice Deshmukh concluded that the plaintiff had established a prima facie case. Therefore, she granted ad-interim relief under prayer clause (a) and directed that the injunction remain in force until the next hearing on April 6, 2026.
Legal Representation
For Delhi Zaika: Advocates Amogh Singh and Rahul Arora
Case: Delhi Zaika through Partners Mr. Aamir Siddiqui v. Zidz Hospitality LLP & Ors.
Case Number: INTERIM APPLICATION (L) NO. 39269 OF 2025 IN COMMERCIAL IP SUIT (L) NO. 31885 OF 2025
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