A CRUCIAL LESSON IN BRAND PROTECTION FOR THE FOOD INDUSTRY FOR “VEERJI MALAI CHAAP” TRADEMARK

INTRODUCTION 

In the fast-paced and highly competitive food industry, brand identity is a key driver of consumer trust and business growth. A recognizable name or logo not only differentiates a product but also becomes a valuable asset over time. However, as a brand gains popularity, it becomes increasingly vulnerable to imitation and misuse, especially by competitors seeking to exploit its goodwill. The recent trademark dispute involving “Veerji Malai Chaap” highlights this growing concern. Widely known for its North Indian flavors, the brand name allegedly became the target of unauthorized use by unrelated vendors, leading to confusion among consumers and legal action by the original brand owner. This case underscores the importance of intellectual property (IP) protection, particularly trademark registration, in the food and beverage sector. This blog examines the legal issues surrounding the case, including trademark infringement and passing off, while emphasizing the need for proactive brand protection strategies in today’s market.

BACKGROUND OF THE DISPUTE: “VEERJI MALAI CHAAP”

MS Veerji Restaurant Pvt. Ltd., the plaintiff, is a well-established restaurant chain that began its operations in 2016 and was formally incorporated as a private limited company in 2020. Since its inception, the brand has grown substantially and now operates over 70 outlets across India. The business functions under the trademark “VEERJI MALAI CHAAP WALE,” a name that has become synonymous with its offerings and has garnered widespread recognition. The plaintiff also holds registrations for related logos and brand identifiers, granting it exclusive rights under trademark law. Beyond its physical presence, the brand has built significant goodwill through its online visibility, strong presence on food delivery platforms, and active engagement on social media, all of which contribute to its distinct identity and consumer recognition. In contrast, the defendants consist of multiple independent eateries operating across various cities such as Delhi, Bhopal, Raipur, Haridwar, and Moradabad. These establishments are not affiliated with the plaintiff but have adopted names that are confusingly similar to the plaintiff’s registered mark. The names used by these defendants include variations like “VEER JI MALAI CHAAP WALE,” “THE VEER JI MALAI CHAAP WALE,” and “VEERE DI MALAI CHAAP & KATHI KABAB.” Although these variations are phonetically, visually, and conceptually similar enough to potentially mislead consumers into believing there is a connection between the two. Furthermore, these unauthorized outlets are listed on prominent food delivery platforms such as Zomato and Swiggy, increasing the risk of consumer confusion. A customer searching for the plaintiff’s genuine outlets may inadvertently place orders from one of the defendants’ establishments, under the impression that they are patronizing the original brand. This not only results in financial loss for the plaintiff but also threatens its reputation, especially if the quality of food or service provided by these imitators falls below standard. The presence of these lookalike entities in the market, leveraging the goodwill and recognition of the original brand, constitutes a serious concern from both a commercial and legal standpoint. It raises clear issues of trademark infringement, passing off, and unfair competition, and may necessitate legal action to protect the brand’s identity, consumer trust, and market position.

DELHI HC STOPS TRADEMARK INFRINGEMENT

In a significant judgment concerning trademark and copyright infringement, the Delhi High Court, vide its decision dated 8 July 2025, granted a permanent injunction in favour of the plaintiff, MS Veerji Restaurant Private Limited, restraining the defendants from using the plaintiff’s registered mark “Veerji Malai Chaap Wale” or any deceptively similar variation thereof. The plaintiff, a reputed restaurant chain, established a strong prima facie case of trademark infringement under Section 29 of the Trademarks Act, 1999, passing off, and copyright violation against various entities using infringing names such as “Veer Ji Malai Chaap Wale,” “The Veer Ji Malai Chaap Wale,” and “Veere Di Malai Chaap” on food delivery platforms like Zomato and Swiggy. Section 29 specifically deals with infringement of a registered trademark and prohibits the use of marks that are identical or deceptively similar to a registered trademark in a manner likely to cause confusion among the public or imply association with the registered proprietor.

• In December 2023, the Court had issued an ex-parte interim injunction directing defendants to:

• Stop use of infringing marks
• Remove all infringing content within 72 hours

One defendant tried to bypass the injunction by making superficial changes to the brand name. The Court condemned this act as a “fraud on the court”, affirming that cosmetic changes do not avoid infringement under Section 29(4), which also applies to dissimilar goods/services if the mark has a reputation in India and the use is without due cause. Despite multiple opportunities, the majority of defendants failed to appear or file written statements. In light of their continued non-compliance and absence and invoking Order XIII-A of the Code of Civil Procedure under the Commercial Courts Act, 2015, the Court proceeded to summarily adjudicate the matter.

Justice Amit Bansal held that the defendants had no real prospect of defending the claims and that oral evidence was unnecessary. Accordingly, the Court decreed a permanent injunction and granted relief under Section 135 of the Trademarks Act, 1999, which provides for civil remedies in cases of trademark infringement and passing off, including injunctions, damages, and delivery up of infringing materials. The Court awarded damages and costs amounting to Rs. 5 (five lakh), to be paid Rs. 1 (one lakh) each by the five defaulting defendants. This decision underscores the judiciary’s firm stance in upholding intellectual property rights, especially against dishonest adopters and non-responsive parties, while reinforcing that the protection of trademarks serves both the commercial interests of the right holder and the public interest in preventing consumer deception.

CONCLUSION 

The “Veerji Malai Chaap” trademark dispute serves as a compelling reminder of the critical importance of robust brand protection in the competitive food industry. As brands expand their reach and reputation, the risks of unauthorized use and imitation grow significantly, potentially damaging both consumer trust and business value. The decisive intervention by the Delhi High Court highlights the effectiveness of timely legal action and the judiciary’s commitment to safeguarding intellectual property rights against infringement and unfair competition. For food and beverage businesses, this case emphasizes the necessity of proactive trademark registration and vigilant monitoring of market activity to detect and deter brand misuse. Furthermore, it illustrates that superficial attempts to circumvent trademark protections will not withstand judicial scrutiny. Ultimately, protecting a brand goes beyond legal compliance it is a strategic imperative that preserves market identity, ensures consumer confidence, and supports sustainable business growth in an increasingly crowded marketplace.