Delhi High Court Restrains Benne Delhi From Using 'BENNE' Trademark In South Indian Cuisine Business

The Delhi High Court on 16 October granted an interim injunction restraining Benne Delhi from using the trademarks “BENNE” and “BENNE DELHI” or any identical or deceptively similar mark in connection with South Indian cuisine services.

Justice Vikas Mahajan passed the order in a suit filed by Shimow Hospitality Private Limited against Benne Delhi, through its proprietor. He held:

“...any identical and/or deceptively similar mark/name, especially comprising the word 'benne' in any form or manner, by another trader, is bound to cause confusion in the minds of the consumers and would also lead the public to falsely believe that such third party goods/services either originate from the plaintiff or have a connection/affiliation with the plaintiff.”

The plaintiff operates five outlets across Mumbai and Delhi NCR under the “benne” mark. It submitted that continuous use of the mark had helped it build goodwill and reputation.

Shimow Hospitality alleged that Benne Delhi was using an identical mark for identical cuisine services. It also alleged that the defendant had listed its business on food delivery platforms, including Swiggy and Magicpin, and advertised it on YouTube and Instagram.

The Court found that the plaintiff had established a prima facie case for an ex parte ad interim injunction. It further held that the balance of convenience favoured the plaintiff and that it would suffer irreparable loss and injury if it did not grant relief. Therefore, the Bench restrained Benne Delhi from using the marks until the next date of hearing and issued notice to the defendant.

The matter is listed before the Joint Registrar on 9 December 2026 and before the Court on 9 February 2027.