Delhi High Court restrains ‘Bukhara Inn’ from using ITC’s well-known BUKHARA mark

The Delhi High Court has granted an ex-parte ad-interim injunction restraining Delhi-based Bukhara Inn / Hotel Bukhara / Hotel Bukhara Inn from using ITC’s well-known trademark BUKHARA, holding that Bukhara Inn's adoption of the Bukhara mark was, prima facie, dishonest [ITC Limited Vs Bukhara INN].

Justice Manmeet Pritam Singh Arora passed the order in a suit filed by ITC Ltd and ITC Hotels, who asserted infringement and passing off of their long-standing trademark associated with the iconic Bukhara restaurant at ITC Maurya, New Delhi.

The Court noted that ITC launched BUKHARA in the late 1970s and holds multiple registrations dating back to 1985. The mark was formally declared a “well-known trademark” in 2024 by a coordinate Bench of the High Court.

In its pleadings, ITC stated that its BUKHARA restaurant was launched in the late 1970s and has since become “a global culinary landmark,” generating approximately ₹48.84 crore in revenue in FY 2024–25. ITC argued that it is the “prior adopter, user, and registered proprietor” of the well-known trademark and that the defendant ('Bukhara Inn') was attempting to “pass off its hotel as being associated with the Plaintiffs’ renowned ‘BUKHARA’ restaurant.”

The Court recorded that the BUKHARA mark was declared a well-known trademark in 2024 under Section 2(1)(zg) of the Trade Marks Act, thereby giving it enhanced protection under Section 29(4).

Addressing the defence that the use of the name was linked to the proprietor’s surname “Bukhari,” the Court said that there was no reasonable justification for using ITC's’ well-known mark 'BUKHARA.'

The Court agreed with ITC that the defendant’s conduct demonstrated “mala fides and deliberate infringement” of trademark and that the adoption of the mark appeared to have been made “with full knowledge of its prior, well-known status.”

Finding a strong prima facie case in ITC's favor, the judge held:

“The Plaintiffs (ITC) have established a case of grant of an ad-interim injunction in their favour and against the Defendant. The balance of convenience also lies in favour of the Plaintiffs and irreparable loss would be caused… if the ex-parte ad-interim injunction is not granted.”

Accordingly, the Court restrained the defendant, its officers, agents, etc., from infringing or passing off ITC's trademark ‘BUKHARA' and/ or any other mark or name identical to and/or deceptively similar to the same.

The Court will hear the matter next on April 14, 2026.

ITC was represented by Senior Advocates Arvind K. Nigam Gopal Jain and Shyel Trehan with Advocates Tanmay Mehta, Suhrita Majumdar, Debjyoti Sarkar, Afzal B Khan, Sharad Besoya, Agnish Aditya, Vidhi Jain and Rohan Poddar.

[Read Order]