Delhi High Court protects 'Benne' restaurant trademark

The Delhi High Court recently restrained a Delhi-based restaurant from using the trademark 'Benne' or 'Benne Delhi' after a trademark infringement suit was filed by Shimow Hospitality, which operates a chain of South Indian restaurants under the Benne brand.

Justice Vikas Mahajan found that the balance of convenience favoured the plaintiff and that it would suffer irreparable injury if interim protection was denied.

The dispute concerns the use of the word 'Benne', which means butter in Kannada and is commonly associated with the popular Bengaluru-style benne dosa. According to Shimow Hospitality, it conceptualised the Benne brand in 2023-24, drawing inspiration from Bengaluru's traditional Darshini restaurant culture. The company has five outlets, including three in Mumbai and two in Delhi NCR.

Senior Advocate Chander M Lall, appearing for Shimow Hospitality, argued that the Benne trademark had acquired substantial goodwill and reputation within a relatively short period.

The company alleged that it discovered in August 2026 that Benne Delhi was operating a cloud kitchen or restaurant offering identical cuisine under the same name.

Shimow Hospitality alleged that the defendant's adoption of an identical mark for identical services was intended to benefit from its established goodwill and could mislead consumers into believing that the two businesses were connected.

After considering the submissions and documents, the Court restrained Benne Delhi and persons acting on its behalf from using the marks 'BENNE', 'BENNE DELHI' or any identical or deceptively similar mark in connection with its business.

The injunction will remain operative until the next date of hearing on February 9, 2027.

Lall was briefed by Advocates Shikha Sachdeva, Mugdha Palsule, Kranav Kapur and Saksham Goyal.

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