The Food War of Daryaganj vs Moti Mahal: Who actually owns the Trademark Ownership?

The Food War of Daryaganj vs Moti Mahal: Who actually owns the Trademark Ownership?. In the world of Indian cuisine, few dishes enjoy fame and popularity, like “Butter Chicken” and “Dal Makhni". These appetising dishes have been relished by people all over the world, with countless restaurants and eateries offering their own variation of these culinary delights. However, a long-standing dispute over the ownership of the recipes has recently come to the forefront, raising the question - Who truly owns the right to Butter Chicken and Dal Makhni?
The Origins of Butter Chicken and Dal Makhni
The battle for the trademark ownership of these iconic dishes began when the owners of Delhi's Moti Mahal restaurant, the Gujral family, filed a plea in the Delhi High Court. They accused Daryaganj restaurant of misleading people by falsely claiming to be the inventors of Butter chicken and Dal makhni. According to Rupa Gujral, the applicant and a member of the Gujral family, both recipes have been a part of her family's culinary heritage. The Late Kundan Lal Gujral, Rupa Gujral's father-in-law, is credited with the origination of these much-loved dishes. Born in Peshawar, now in Pakistan, Mr. Gujral started making Butter chicken in 1920. After moving to Delhi, he opened the first restaurant in Daryaganj, also named Daryaganj. The restaurant became famous for its tandoori specialties that Mr. Gujral had learned during his time in Pakistan.
The Rise of Moti Mahal and Nehru's Banquets
By 1948, Mr. Gujral expanded his business and opened the iconic Moti Mahal Hotel in Darya Ganj, the neighbourhood where both Moti Mahal and Daryaganj restaurants were located. The tandoori specialties served at Moti Mahal soon gained fame and were favoured by India's first Prime Minister, Jawaharlal Nehru, who included them in his banquets, dinners, and political meetings. It was during this time that Mr. Gujral is said to have invented the makhani sauce, a rich and flavorful tomato-based sauce that gave the dishes their distinctive taste. The applicant, Rupa Gujral, claims that her father-in-law's invention of the makhani sauce was a significant contribution to the culinary world as it prevented the dehydration of food, making it more enjoyable. The registration of trademark gives the exclusive rights to the owners of the trademark.
The Culinary Trademark Battle
The battle for the ownership of Butter Chicken and Dal Makhni has created a controversy in both the culinary and legal environment. The 2,700-page suit filed in the Delhi High Court by the Gujral family contends that the recipes are their Intellectual property and that Daryaganj restaurant has falsely claimed to be their inventors. This dispute has put the spotlight on the importance of protecting culinary traditions and original creations under the Intellectual Property Law. Section 27 (passing- off) of the Trade Marks Act, 1999 is the key issue to be addressed by the court.
Who Truly Owns the Right?
While the court is yet to pass a verdict and determine the rightful owners of Butter Chicken and Dal Makhni, it is essential to recognize the cultural and historical significance of these dishes. Both Moti Mahal and Daryaganj hold a special place in Delhi's food history, with their respective contributions to Indian cuisine. However, it is worth noting that culinary traditions are often passed down through generations, with each family adding their unique touch and adaptations. It is possible that both establishments have contributed to the evolution of these dishes, making it challenging to determine sole ownership.
Preserving Culinary Heritage
Irrespective of the outcome of this trademark infringement and passing off, it is crucial for us to cherish and preserve the culinary heritage associated with Butter Chicken and Dal Makhni. These dishes have become an integral part of Indian cuisine, loved by people across the globe. Through their popularity, they have helped promote Indian culture and cuisine on a global scale.
Conclusion
The battle for the ownership of Butter Chicken and Dal Makhni highlights the significance of culinary traditions and their evolution over time along with the role of trademark law. What ever the verdict may be the case surely highlights the importance of Trademark Objections.
While the court battle between Moti Mahal and Daryaganj continues, we must appreciate the cultural and historical contributions of both these establishments to Indian cuisine.
Connect with us today at info@ccoffice.in or connect at 9988424211. Let Compliance Calendar LLP be your trusted partner in trademark registration and protection.
Case Title: Rupa Gujral & Ors v Daryaganj Hospitality Private Limited & Ors CS(COMM) 26/2024

In the world of Indian cuisine, few dishes enjoy fame and popularity, like “Butter Chicken” and “Dal Makhni". These appetising dishes have been relished by people all over the world, with countless restaurants and eateries offering their own variation of these culinary delights. However, a long-standing dispute over the ownership of the recipes has recently come to the forefront, raising the question - Who truly owns the right to Butter Chicken and Dal Makhni?

The Origins of Butter Chicken and Dal Makhni

The battle for the trademark ownership of these iconic dishes began when the owners of Delhi's Moti Mahal restaurant, the Gujral family, filed a plea in the Delhi High Court. They accused Daryaganj restaurant of misleading people by falsely claiming to be the inventors of Butter chicken and Dal makhni. According to Rupa Gujral, the applicant and a member of the Gujral family, both recipes have been a part of her family's culinary heritage. The Late Kundan Lal Gujral, Rupa Gujral's father-in-law, is credited with the origination of these much-loved dishes. Born in Peshawar, now in Pakistan, Mr. Gujral started making Butter chicken in 1920. After moving to Delhi, he opened the first restaurant in Daryaganj, also named Daryaganj. The restaurant became famous for its tandoori specialties that Mr. Gujral had learned during his time in Pakistan.

The Rise of Moti Mahal and Nehru's Banquets

By 1948, Mr. Gujral expanded his business and opened the iconic Moti Mahal Hotel in Darya Ganj, the neighbourhood where both Moti Mahal and Daryaganj restaurants were located. The tandoori specialties served at Moti Mahal soon gained fame and were favoured by India's first Prime Minister, Jawaharlal Nehru, who included them in his banquets, dinners, and political meetings. It was during this time that Mr. Gujral is said to have invented the makhani sauce, a rich and flavorful tomato-based sauce that gave the dishes their distinctive taste. The applicant, Rupa Gujral, claims that her father-in-law's invention of the makhani sauce was a significant contribution to the culinary world as it prevented the dehydration of food, making it more enjoyable. The registration of trademark gives the exclusive rights to the owners of the trademark.

The Culinary Trademark Battle

The battle for the ownership of Butter Chicken and Dal Makhni has created a controversy in both the culinary and legal environment. The 2,700-page suit filed in the Delhi High Court by the Gujral family contends that the recipes are their Intellectual property and that Daryaganj restaurant has falsely claimed to be their inventors. This dispute has put the spotlight on the importance of protecting culinary traditions and original creations under the Intellectual Property Law. Section 27 (passing- off) of the Trade Marks Act, 1999 is the key issue to be addressed by the court.

Who Truly Owns the Right?

While the court is yet to pass a verdict and determine the rightful owners of Butter Chicken and Dal Makhni, it is essential to recognize the cultural and historical significance of these dishes. Both Moti Mahal and Daryaganj hold a special place in Delhi's food history, with their respective contributions to Indian cuisine. However, it is worth noting that culinary traditions are often passed down through generations, with each family adding their unique touch and adaptations. It is possible that both establishments have contributed to the evolution of these dishes, making it challenging to determine sole ownership.

Preserving Culinary Heritage

Irrespective of the outcome of this trademark infringement and passing off, it is crucial for us to cherish and preserve the culinary heritage associated with Butter Chicken and Dal Makhni. These dishes have become an integral part of Indian cuisine, loved by people across the globe. Through their popularity, they have helped promote Indian culture and cuisine on a global scale.

Conclusion

The battle for the ownership of Butter Chicken and Dal Makhni highlights the significance of culinary traditions and their evolution over time along with the role of trademark law. What ever the verdict may be the case surely highlights the importance of Trademark Objections.

While the court battle between Moti Mahal and Daryaganj continues, we must appreciate the cultural and historical contributions of both these establishments to Indian cuisine.

Connect with us today at info@ccoffice.in or connect at 9988424211. Let Compliance Calendar LLP be your trusted partner in trademark registration and protection.

Case Title: Rupa Gujral & Ors v Daryaganj Hospitality Private Limited & Ors CS(COMM) 26/2024