The Hush Post | 8:37 pm | One-minute read |
The Delhi High Court has ruled that nobody can have a monopoly on terms “Chur Chur Naan” and Amritsari “Chur Chur Naan” because they are “completely generic”.
The court made it clear in its order that the word “Chur Chur” literally translates into “crushed” and “Chur Chur Naan” simply means “Crushed Naan”
Remarking that nothing more should be read out of the word “chur chur”, the court held it is incapable of acquiring trademark signification.
Justice Pratibha M Singh passed the order on the plea of Praveen Kumar Jain who owns an outlet in Paharganj in Delhi. He sells naan and other food items.
Jain had claimed exclusive rights on ‘Chur Chur Naan’ and even had the registration for it. He had challenged another outlet which used a similar expression.
The court held that these terms are used in normal conversation and hence there cannot be any monopoly over them.
“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.
While passing the order, the court also observed that delicacies sold on the streets of Delhi are legendary.
Meanwhile, the defendants have 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 has given them 30 days to change the names and has posted the matter for September 11.