The Delhi High Court issued notice in two connected trademark infringement matters filed by Delhi-based restaurant chain M/s Swagath against M/s Hotel Swagath and Mr. Dhanturi Hari Shankar from Telangana. The plaintiff has alleged infringement and misuse of its registered trademark ‘SWAGATH’, seeking cancellation of the rival registration and injunctive relief against its unauthorised use.
In C.O. (COMM.IPD-TM) 150/2025, the Delhi Swagath entity sought cancellation of Trademark No. 2037599 (Class 43) registered in favour of the respondent from Telangana. The Court permitted the petitioner to file additional documents and directed the respondents to file their counter-statements within six weeks. The matter is next listed for hearing on 27th August 2025.
Separately, in CS (COMM) 652/2025, the Delhi-based restaurant chain filed a civil suit for injunction and damages alleging passing off and unauthorised use of the ‘SWAGATH’ mark. Exemption from pre-institution mediation was granted by the Court owing to the urgent nature of the relief sought. Summons were issued to the defendants, who accepted notice through counsel. The Court directed the defendant to file a written statement within 30 days, and the plaintiff to file its replication and rejoinder thereafter. The application for interim injunction is also scheduled for hearing on 27th August 2025.
Appearances in the case:
C.O. (COMM.IPD-TM) 150/2025
Petitioner: Mr. Hemant Singh, Ms. Mamta Rani Jha, Ms. Anupriya Shyam & Ms. Anjeeta Rani, Advocates.
Defendant: Mr. RajShekhar Rao, Senior Advocate with Mr. Resu Mahender Reddy, Senior Advocate and Mr. B. Shravanth Shankar, Mr. Rohit Bharadwaj, Ms. Prerna Robin, Ms. Shwetha Bhaskar Dhanturi, Mr. Vikas Dhanturi, Mr. Resu Kaushik Reddy & Mr. Shivnath Sawhney, Advocates for R-1. Ms. Nidhi Raman, CGSC with Mr. Om Ram & Mr. Nikunj Bindal, Advocates.
CS(COMM) 652/2025
Petitioner: Mr. Hemant Singh, Ms. Mamta Rani Jha, Ms. Anupriya Shyam & Ms. Anjeeta Rani, Advocates.
Defendant: Mr. Resu Mahender Reddy, Senior Advocate with Mr. Sai Krishna Rajagopal, Mr. Shravanth Shankar, Mr. Rohit Bhardwaj, Ms. Julien George, Ms. Prerna Robin, Ms. Shwetha Bhaskar Dhanturi, Mr. Vikas Dhanturi, Mr. Resu Kaushik Reddy, Ms. Anu Parcha, Mr. Shivnath Sawhney & Ms. Alka Bisht, Advocates
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