The mark “NIZAM” is being used by Mr. Rajesh Chugh
(plaintiff in the original suit and Respondent in this Appeal) for
his business of selling “Kebabs” and related food
products. Mr. Rajesh Chugh claimed that by virtue of extensive and
continuous use as well as the high quality taste of food items sold
under his brand and trademark 'Nizam's, it is exclusively
associated with his business and services.
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| Respondent’s Registered
Mark |
Appellant’s infringing mark |
Chhavi Poplai & Anr v. Rajesh Chugh &
Anr, an appeal against the order of a Single judge of
the Delhi High Court, is a case of infringement of the mark
“NIZAM”.
Mr. Poplai, (the Appellant in this appeal), who was operating a
franchise of Mr. Rajesh Chugh’s “NIZAM”, was
found to be unauthorisedly using the mark inspite of termination of
the arrangement between the parties. Mr. Poplai’s new logo
has ‘Nizam’ as its most prominent part, making it
deceptively similar to Mr. Rajesh
