The use of the word “HAUS” was the essence of the dispute between two entities in the food catering business. The Plaintiff, Foodcraft India Private Limited (Foodcraft), filed passing off action before the Delhi High Court against the Defendants, Saurabh Anand Trading & Ors (Saurabh), to restrain them from using the word “HAUS” in...
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The use of the word “HAUS” was the essence of
the dispute between two entities in the food
catering business. The Plaintiff, Foodcraft India
Private Limited (Foodcraft), filed passing off
action before the Delhi High Court against the
Defendants, Saurabh Anand Trading & Ors (Saurabh), to
restrain them from using the word “HAUS” in relation to
the business of food delivery.Foodcraft in support of its case contended as follows:
the business of delivery of Pan Asian food across Delhi
and the National Capital Region.
trademark “ASIAN HAUS” in the year 2012 in Delhi and
subsequently in neighboring areas.
HAUS” in the year 2015, which serves Japanese cuisine.
They are also in the process of launching other outlets/
restaurants under HAUS formative marks such as
DILLI HAUS and AMMA’s HAUS for north Indian and
south Indian cuisine, respectively. The applications for
the marks ASIAN HAUS and SUSHI HAUS are pending
to food is completely innovative. The trademarks have
acquired tremendous goodwill and reputation among
of the Defendants who were in the process of launching
a food delivery outlet under the mark “CURRY HAUS”.
The Defendants who are running a restaurant under the
name of “Masala House” have deceitfully adopted the
mark “CURRY HAUS” for their delivery service to take
benefit of the reputation and goodwill which Foodcraft
has acquired in the said trademarks in relation to the
food delivery business. The cease and desist notice
issued to the Defendants was not acted upon by them.
Saurabh/Defendants made the following submissions in
support of their case:
HAUS” and “SUSHI HAUS” and a suit for passing off
on the basis of a non-distinctive component, the word
‘HAUS’ which is otherwise common to the trade is not
India, including those in Delhi, Gurgaon, and other
metropolitan cities of India. It is commonly used as a
suffix or prefix to attribute that the food is from a home
or emanating from a house kitchen.
similar, “HAUS” means “HOUSE”, and the use of
the word “HAUS” in the restaurant business is only
indicative that it is homemade food which is being
served in the restaurant or provided through its delivery
The court after considering the pleadings, arguments, case
laws, and documents made the following observations:
trade name “ASIAN HAUS” in the year 2012 and “SUSHI
HAUS” in the year 2015. The write-ups relating to
healthy eating under these brand names which serve
both Asian and Japanese cuisine reflect their popularity.
It further evidences the reputation which the “ASIAN
HAUS” and “SUSHI HAUS” acquired by innovation in
relation to home delivery outlets.
“house” and the trade which Foodcraft is carrying on,
i.e., supply of food through its delivery outlets, is not in
any manner connected with the meaning of this word.
Foodcraft has been using the word “HAUS” for its food
delivery outlets since the year 2012, and the escalation
of its sale figures is reflective of the popularity of its
brand name; from one outlet initially, they have now
expanded to five under two brand names: “ASIAN
HAUS” and “SUSHI HAUS”. Thus, there is no doubt
that Foodcraft has acquired a distinctive reputation and
goodwill of its own under the said trade names “ASIAN
HAUS” and “SUSHI HAUS”.
put on notice by Foodcraft. The Defendants’ contention
that the word “HAUS” is a well-known terminology is
misconceived. Foodcraft’s idea of food delivery is much
prior in time to that of the Defendants, and the latter’s
adoption of the word in relation to a similar line of
business is in bad faith.
orders online delivery of food would be confused with
“CURRY HAUS” and would believe it to be an extension
of the delivery outlets of “ASIAN HAUS” and “SUSHI
other entities using the word HAUS has no merit as it is
the prerogative of the party to decide.
In view of the above, the court restrained the Defendants
from using the word HAUS in relation to their food delivery
Disclaimer - The views expressed in this article are the personal
views of the author and are purely informative in nature.