Dolma Aunty Momos: A Flavorful Victory In The Trademark Arena!

Written by:

Adv Tanvi Malik

Updated: 06-03-2024

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One name has been especially apparent in the center of the aromas from different cuisines on the busy roads of urban centers: Dolma Aunty Momos. Worldwide food enthusiasts have been fascinated with these delectable bite-sized delicacies and have transformed them into their preferred cuisine. Beyond their mouthwatering flavour, though, is an account of tenacity, creativity, and a trademark battle that ended up being a big win for small businesses.

About the Dolma Aunty Momos

Dolma Tsering, the one-woman army behind the brand's development, is credited with Dolma Aunty Momos's success because of her entrepreneurial zeal and culinary prowess.
Dolma, who is originally from Tibet, started selling steamed momos on the streets of Delhi in 1994 with the goal of changing the city's street food culture.
Momos were exclusively available in Chinese and South Asian restaurants up until that point, thus it was revolutionary.

Why in the News?

In the dolma aunty momos trademark case, recently, the Delhi High Court upheld the petitioner's claim and dolma aunty wins trademark to prior use and goodwill and saved the infringer's registered trade mark by nullifying it.

Dolma Aunty Momos Case Facts:

Dolma Tsering, who started selling momos in the nation's capital in 1994 and became well-known as Dolma Aunty Momos, submitted a rectification petition.
According to the plea in the dolma aunty momos case, Tsering opened her first momo kiosk in the city's Lajpat Nagar and quickly became well-known.
As per the dolma aunty momos case, she claimed that because Khan's trademark "Dolma" was the same as hers, he had not only taken advantage of her already-existing trademark but also directly used her name.
She cited Khan's neglect to respond to the petition and demanded cancellation of the challenged mark under Sections 11(1), 11(2), 11(3)(a), and 47 of the Trade Marks Act, 1999.

Dolma Aunty Momos Trademark Case Issue:

As per the dolma aunty momos trademark case, the issue is:

Was there any unauthorized use of the trade name “Dolma Aunty Momos”?
Does the use of a trade name amount to trademark infringement by Mr Khan?

Dolma Aunty Momos Trademark Case Judgment:

The petitioner's prima facie case was acknowledged by the Single Judge following a review of the relevant facts and legal precedents.
As a result, dolma aunty wins trademark case against the UP man, Mr, Khan.
The Trade Marks Registry has been instructed to remove the contested mark from the register by the Court's granting of the rectification petition.
Given the facts and circumstances, this Court believes that respondent No. 1's trademark should be cancelled and removed from the Trade Marks Register after reviewing the records and hearing the petitioner's attorney's representations.

How Lawyers Safeguard You from Trademark Infringement Cases?

In order to safeguard your rights, a trademark attorney can assist in locating and addressing instances of infringement and pursuing the necessary legal action.
A trademark lawyer can represent your rights in court and offer strategic counsel in the sad event of trademark infringement.
The lawyers are equipped with the know-how to handle convoluted legal proceedings and defend your brand from unauthorized use.

With several locations dispersed throughout Delhi, Dolma Aunty Momos has increased its footprint in the area. A dish of Dolma Aunty Momos is always close by, whether you're in the lively lanes of Kamla Nagar or the busy streets of Connaught Place. However, the original Lajpat Nagar stand is still going strong today, with a constant stream of patrons.

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