No monopoly over 'Chur Chur Naan', 'Amritsari Chur Chur Naan' as they are generic: Delhi High Court
New Delhi: There cannot be any monopoly over the terms 'Chur Chur Naan' and 'Amritsari Chur Chur Naan' as they are "completely generic", the Delhi High Court has held.
The court said the word 'Chur Chur' merely means "crushed" and 'Chur Chur Naan' means "crushed Naan" and nothing more, and it is incapable of acquiring trademark signification.
Justice Prathiba M Singh passed the order while hearing a plea filed by Praveen Kumar Jain, the owner of an outlet in Paharganj here that sells naan and other food items.
He had claimed exclusive rights on the expression 'Chur Chur Naan' as he had the registration for it. Jain had filed the suit for alleged trademark infringement against another outlet which uses a similar expression.
The court said if registrations are wrongly granted or applied for such generic expressions, it cannot ignore it. It said these terms are used in normal conversational language and there cannot be any monopoly in respect of such an expression.
"'Chur Chur' is a terminology which is used in normal conversational language and there cannot be any monopoly in respect of an expression such as 'Chur Chur'.
"The plaintiff has obtained registration of the marks 'Chur chur Naan, Amritsari Chur Chur Naan', but the same would not in any manner prevent the bonafide description of the character of the naan which is crushed, that is, 'chur chur'," the court said.
The counsel for the defendants, against whom the suit was filed, contended that no monopoly can be granted to such generic expressions as there were a large number of outlets which use the name 'Chur Chur Naan' and they also submitted that the trademarks of Jain are liable to be rectified as they lack basic distinctiveness.
The court said the defendants have been able to show entries on various websites such as Zomato, Justdial and Eattreat where third parties are using 'Chur Chur Naan' and 'Amritsari Chur Chur Naan' with several prefixes and suffixes.
"The defendants have also shown on record that it is the common practice in the trade for food outlets to use names such as Chandni Chowk Ke Mashoor, Dilli Ke Mashoor, Delhi Walo Ki Mashoor etc.
"The same are very common to the trade and are used by a large number of parties as is evident from the entries from third party websites which are placed on record. Thus, there cannot be any monopoly on the terms 'Chur Chur Naan and Amritsari Chur Chur Naan as the same are generic," Justice Singh said.
The court, at the outset, observed in the order that delicacies sold on the streets of Delhi are legendary.
Whether it is Chandni chowk for its Paranthewali Gali, Paharganj and Karol Bagh for their eateries, Kamla Nagar for its chaat, Connaught Place and Pandara road for their restaurants, Jama Masjid and Nizamuddin areas for their Mughlai cuisine, regional food at the various bhavans - these food outlets have been catering to consumers from all walks of life.
The defendants, who were present in the court, agreed to change the name of their outlets to 'Paharganj seth ke mashoor chur chur naan and Paharganj Seth Ke Mashoor Amritsari Naan.
The court permitted them 30 days time to change over to the new names.
It then posted the matter for September 11 for further hearing.
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KSCA expresses disappointment over missing IPL playoffs, says it was ready to host matches in B’luru
Bengaluru: The Karnataka State Cricket Association (KSCA) has issued a clarification stating that it was fully prepared to host the IPL playoffs and final matches in Bengaluru but the fixtures were allotted to other venues.
In a media note, KSCA said it was disappointed with the decision. The association stated that its president, former India cricketer Venkatesh Prasad, had been in touch with the Board of Control for Cricket in India (BCCI) and had formally conveyed the association’s readiness and interest in hosting the matches at the M. Chinnaswamy Stadium.
KSCA said the IPL matches held in Bengaluru this season were appreciated for smooth conduct, crowd management and overall experience for spectators. It said this reflected its ability to handle high-profile matches.
The association also stated that it had sent a detailed communication to the BCCI explaining its preparedness and the operational arrangements followed during the current IPL season. According to KSCA, these systems have been in place since the start of the Indian Premier League in 2008 and were followed consistently, including during previous playoff matches hosted in Bengaluru.
The clarification added that the communication sent to the BCCI was only meant to provide factual and operational details and to bring clarity on logistical and stakeholder-related requirements involved in hosting such matches.
KSCA said that although it had shown willingness and preparedness, the BCCI has decided to allocate the playoff matches to other venues. It added that the reasons for this decision have not been formally shared with the association, but it respects the authority of the board in taking such decisions.
The association further said it remains ready to host matches of national and international importance and will continue to cooperate with the BCCI, franchises, government authorities and other stakeholders for conducting cricket events.
The statement was issued by KSCA official spokesperson Vinay Mruthyunjaya, who also thanked the media and cricket fans for their continued support.
