Delhi High Court Allows ‘Gulshan-e-Karim’ To Operate With Disclaimer In Trademark Dispute

The Delhi High Court permitted a Moradabad restaurant to continue using the name “Gulshan-e-Karim” in its trademark dispute with Delhi’s iconic “Karim’s,” provided it displays a clear disclaimer stating no association with the latter.

A Division Bench of Justices C Hari Shankar and Ajay Digpaul held that while the marks were phonetically and visually similar, the restaurant’s prior local use and absence of dishonest intent made a total ban disproportionate.

Recognising the case as one of “innocent infringement,” the Court modified the earlier injunction to allow continued use subject to a mandatory disclaimer in English and Hindi on all signage and advertisements.

[Mohammad Talha v. M/s Karim Hotels Pvt. Ltd]