Court restrains defendant from using "Benne" mark citing plaintiff's prior use and goodwill; exempts plaintiff from pre-institution mediation for urgent relief.
In a significant ruling delivered on October 16, 2026, the Delhi High Court granted an ex parte ad interim injunction in favor of Shimow Hospitality Private Limited, restraining M/s Benne Delhi and its proprietor from using the trademark "BENNE," "BENNE DELHI," or any deceptively similar mark in connection with South Indian cuisine and allied hospitality services.
Shimow Hospitality, the plaintiff, operates multiple South Indian cuisine outlets under the trademark "BENNE" and its variants since 2024. The plaintiff demonstrated continuous prior use, growing goodwill, extensive media coverage, and rising turnover, including five operational outlets across Mumbai and Delhi NCR. The plaintiff's mark, inspired by the Darshini culture of Bengaluru, features a distinctive logo and branding elements that have acquired secondary meaning and recognition among consumers, including celebrities.
The defendant, meanwhile, adopted the mark "BENNE DELHI" for identical services and had filed an application for trademark registration on a proposed-to-be-used basis in April 2026. The court noted that the defendant's use postdated the plaintiff's established use and that the defendant's mark was likely to cause confusion and deception among consumers by riding on the plaintiff's goodwill.
The court examined the evidence, including the plaintiff's media coverage, celebrity endorsements, and financial data showing substantial revenue growth (INR 4.28 crores in 2024-25 to INR 20.24 crores in 2025-26). It also considered the defendant's presence on food delivery platforms and social media, which further compounded the risk of passing off.
Recognizing the urgency, the court exempted the plaintiff from mandatory pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, allowing expedited relief.
The court directed the defendants and their associates to cease usage, marketing, and advertising of the disputed marks until the next hearing. It also mandated strict compliance with procedural timelines for pleadings and document admissions, warning that unjustified denial of documents may attract costs.
This judgment highlights the judiciary's proactive stance in protecting intellectual property rights and underscores the importance of prior use and goodwill in trademark disputes. The case is scheduled for further hearing on February 9, 2027.
Bottom Line:
Trade mark and passing off - Plaintiff running South Indian cuisine outlets under mark "BENNE" and its variants - Defendant adopting mark "BENNE DELHI" for identical services - Plaintiff found to be prior user - Ex parte ad interim injunction granted restraining defendant from using "BENNE", "BENNE DELHI" or any deceptively similar mark - Plaintiff also exempted from pre-institution mediation under Section 12A of Commercial Courts Act on ground of urgent interim relief.
Statutory provision(s):
Order XXXIX Rules 1 and 2 CPC, Section 12A Commercial Courts Act, 2015, Section 151 CPC, Copyright Act 1957 Section 2(c)
Shimow Hospitality Private Limited v. M/s Benne Delhi, (Delhi) : Law Finder Doc Id # 3000429
