Delhi High Court Restrains Delhi Restaurant From Using 'LAMA KITCHEN' Mark

The Delhi High Court has temporarily restrained a Delhi-based restaurant from using the trademark "LAMA KITCHEN" or any deceptively similar mark after holding that the registered proprietors had made out a prima facie case of trademark infringement and passing off.

Justice Jyoti Singh observed that the balance of convenience lay in favour of the Himachal Pradesh-based proprietors of the registered "LAMA KITCHEN" marks. The court held that they were likely to suffer irreparable harm if the restraint was not granted.

"Balance of convenience lies in favour of the Plaintiffs and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.", the court ruled.

The suit was filed by Satinder Singh Sarna and another who claim to have conceived the concept of a Himalayan cook-house in 2016. According to the plaint, the name "LAMA KITCHEN" was inspired by the Nanak Lama Gurudwara in Sikkim. They operate a restaurant in Hauz Khas Village under the "LAMA KITCHEN" word and device marks.

The device mark depicts mountain peaks symbolising a father-son duo. It also features Tibetan Buddhist prayer flags bearing the inscription "Om Mani Padme Hum." Plaintiff No. 1 holds registrations for the word mark and the device mark in Class 43.

According to the restaurant owners, they recently discovered another Delhi restaurant operating under the identical mark "LAMA KITCHEN". They submitted that it serves Chinese and Tibetan cuisine and advertises on Magicpin, Justdial, Facebook and Instagram. They also alleged that the restaurant's Instagram handle incorporates the mark "LAMA KITCHEN" in its entirety and that its interiors closely resemble their establishment.

Counsel for the restaurant owners argued that the identical mark had been adopted for identical services despite the plaintiffs' prior use and statutory rights. It was also contended that both restaurants cater to the same class of consumers, making confusion likely. According to the restaurant owners, there was no plausible explanation for adopting an identical mark except to encash upon the goodwill attached to the registered trademarks.

After considering the material placed on record, the court observed that the registered proprietors had neither authorised nor licensed the use of their trademark. It further held that there was, prima facie, no plausible explanation for adopting an identical mark for identical services.

The court also examined the comparative material relating to the two restaurants. It observed that the Delhi restaurant had copied the plaintiffs' interiors and layout, including the Tibetan prayer flags. It also noted that the restaurant served Tibetan cuisine in addition to Chinese cuisine.

"The manner in which the trademark has been copied shows that the intent of the Defendant is to misrepresent to the members of public that its restaurant and hospitality services have some association or nexus with the Plaintiffs.", the court ruled.

The court held that this conduct was causing irreparable harm to the goodwill built by the restaurant owners over nearly a decade and prima facie amounted to passing off.

"This is causing irreparable harm and injury to the formidable reputation and goodwill of the Plaintiffs built over nearly a decade and amounts to passing off.", the court opined.

Accordingly, the court restrained the restaurant and those acting on its behalf from using "LAMA KITCHEN" or any deceptively similar mark in connection with its restaurant or hospitality services.

The restraint also extends to the use of the mark as part of its Instagram page, trade name, email ID, corporate name and social media handles.

The court further directed the restaurant to remove all references to the impugned mark from its merchandise, packaging, marketing and advertising material, labels, stationery, letterheads, invoices and social media platforms, including Instagram and Facebook, within four weeks.

The matter is next listed before the court on November 16, 2026.