Bukhara - Now Recognized as a Prominent Brand Name
In a significant decision, the Indian Court has taken into account US judgments and their lack of applicability in India, while considering the Plaintiff's prayer to declare the trademark BUKHARA as a well-known mark under Section 2(1)(zg) of the Trade Marks Act, 1999.
The case revolves around a suit filed by an unspecified Plaintiff against the Defendant for adopting the mark 'BALKH BUKHARA' for a restaurant in Gurgaon. The Plaintiff, a renowned restaurant in Delhi, has been a customary stop for foreign celebrities and dignitaries, and has a long-standing repute, both nationally and internationally.
The Court perused the plaint and documents filed by the Plaintiff in support of its repute, which includes various news clippings and pictures depicting a tradition where every US President who visits India visits the Plaintiff's restaurant. A special menu is prepared for each US President who visits.
The Court noted that the mark 'BUKHARA' is intrinsically connected to Indian cuisine and has been recognized internationally. The Plaintiff's restaurant enjoys substantial goodwill and reputation not only among Indians but also among foreigners who travel to India and carry back the said reputation.
The Court's decision on the Plaintiff's case now includes a consideration of the US judgments against the Plaintiff and their lack of applicability in India. The US judgments were based on two factors: lack of evidence of BUKHARA having enjoyed goodwill and reputation in New York, and non-incorporation of the famous marks doctrine. However, India recognizes transborder reputation and the doctrines, both in its judicial decisions and in statutes.
The recognition of the trademark BUKHARA as a "well-known mark" in India references key trademark decisions such as the Yahoo Inc. vs. Akash Arora and Anr. case and the Dabur India Ltd. vs. Balsara Hygiene Products Ltd. case. The Court also noted that marks like 'APPLE', 'WHIRLPOOL', 'BENZ' have been recognized as 'well-known' marks before being used commercially in India.
The Plaintiff sought a suitable order of injunction against the Defendant due to the reputation of the Plaintiff's trademark BUKHARA. The Court stated that these factors would not be applicable in the context of India, and the Court's decision regarding the Plaintiff's prayer takes into account the US judgments and their lack of applicability in India.
This decision underscores the importance of a trademark's reputation, both domestically and internationally, in the Indian legal landscape. It also emphasizes the unique considerations that the Indian judiciary applies when assessing the reputation of a well-known mark.
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