In a recent development, the Delhi High Court has cancelled the “Dolma” trademark adopted by an individual after Dolma Aunty Momos filed a plea against its use. Dolma Tsering, known as Dolma Aunty, initiated the rectification petition, alleging trademark infringement and unfair competition by Mohd. Akram Khan.
Tsering, who has been selling momos in Delhi since 1994 and gained immense popularity with her stall in Lajpat Nagar, argued that Khan not only adopted her previously used trademark but also used her name without permission. The court, under Justice Anish Dayal, directed the cancellation and removal of Khan’s “Dolma” trademark from the Trade Marks Register.
Despite Tsering’s plea and allegations, Khan failed to respond to the petition, leaving her claims of non-use unrebutted. As a result, the court accepted Tsering’s claims of trademark infringement and unfair competition, ordering the cancellation and removal of Khan’s “Dolma” trademark from the Trade Marks Register. This decision sets a precedent in protecting intellectual property rights and preventing potential misuse of trademarks in the future.
