Delhi’s ‘Dolma Aunty Momos’ Emerges Victorious in Trademark Battle Against UP Man

In a significant legal victory, the Delhi High Court has ruled in favor of Dolma Tsering, the owner of the iconic “Dolma Aunty Momos” food stall in South Delhi, in a trademark dispute against a resident of Uttar Pradesh.

The court invalidated the “Dolma” trademark registered by Mohd Akram Khan, acknowledging Tsering’s longstanding use of the trademark and her claim to the name “Dolma.” The ruling comes after Tsering filed a plea before the Intellectual Property Appellate Board (IPAB), which was later transferred to the Delhi High Court following the abolition of the board.

Tsering, who established her momo stall in 1994 and garnered widespread popularity over the years, alleged that Khan adopted her trademark without authorization, causing confusion among consumers. Supported by evidence such as newspaper articles and images of her stall, Tsering sought the cancellation of Khan’s trademark registration under the Trade Marks Act, 1999.

Despite Khan’s failure to respond to the petition, the court found Tsering’s claims compelling and unchallenged. Consequently, Justice Anish Dayal ordered the removal of Khan’s “Dolma” trademark from the Trade Marks Register, affirming Tsering’s rightful ownership of the name and brand.

In his ruling, Justice Dayal emphasized the importance of protecting established trademarks and ensuring clarity in the marketplace. He directed the Registrar of Trade Marks to rectify the Register accordingly and update the website within four weeks, solidifying Tsering’s victory in the legal battle.

The outcome underscores the significance of trademark enforcement in safeguarding the interests of businesses and preventing unauthorized use of established brands. Tsering’s success sets a precedent for the protection of intellectual property rights and reinforces the importance of legal recourse in resolving trademark disputes.

(With input from news agency language)
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