Bombay High Court Grants Ad-Interim Relief In Delhi Zaika Trademark Dispute After Breach Of Family Arrangement

The Bombay High Court has granted ad-interim relief to the restaurant chain Delhi Zaika in a trademark dispute involving family members, restraining Zidz Hospitality LLP and others from using the registered trademark “DELHI ZAIKA”, after noting that one of the defendants, who is the biological brother of the plaintiff, had earlier been permitted to use the mark only under a conditional arrangement.

On March 11, 2026, Justice Sharmila U. Deshmukh observed, “The Plaintiff's proprietary right in the registered trade mark of “DELHI ZAIKA” is prima facie demonstrated from the registration certificate which has been placed on record. The registration has been secured by the Plaintiff in the year 2011. Considering the proprietary right of the Plaintiff in the registered trademark, without the consent of the Plaintiff, the Defendants are prima facie not entitled to use the registered trade mark.”

The court noted that there was a verbal arrangement between the parties under which the restaurant business was being carried out from a common kitchen, and one of the defendants, who is the biological brother of the plaintiff, was permitted under a mutual arrangement and understanding to use the trademark subject to sharing of profits.

The court further recorded that in 2023 the defendants prima facie established a new kitchen at Kurla, and once the separate kitchen was set up, the permissive use of the trademark ceased.

“In the year 2023, the Defendants have prima facie established a new kitchen at Kurla and that being so, permissive user by Plaintiff ceased and the Defendants were therefore, prima facie not entitled to use the registered trade mark,” the court observed.

Delhi Zaika, through partner Aamir Siddiqui, filed the suit against Zidz Hospitality LLP and others alleging infringement of trademark, copyright and passing off, claiming ownership of the registered mark “DELHI ZAIKA”, which it said has earned substantial goodwill and reputation and is used for running multiple restaurants.

The court held that the material on record prima facie showed reputation and goodwill in favour of the plaintiff and that use of the identical mark by the defendants was likely to cause confusion and mislead the public.

Holding that a prima facie case was made out, Justice Deshmukh granted ad-interim relief in terms of prayer clause (a) and directed that the protection shall continue till the next hearing on April 6, 2026.