Dalma Comforts and Entertainment Company Private Limited (DCECPL) in the year 2001 opened a restaurant, exclusively dealing with Odia Cuisine under the trade name and style ‘Dalma’ (having a unique get up and colour combination with the word ‘Dalma’ encased inside a quadrilateral). Dalma is a famous Odia recipe. DCECPL obtained registration of the mark ‘Dalma’. DCECPL expanded its business throughout Orissa. In November 2012, DCECPL learnt that one Mr. Satapathy had opened a restaurant under the name‘Dalma’ and had used a similar colour combination and get up. DCECPL filed an infringement suit against Mr. Sathapathy in the District Court. Mr. Satapathy defended his actions on the grounds that, ‘Dalma’ was not an invented word and it was commonly used in Odia cuisine. After perusing all the documents produced and hearing both sides the District Court decided in favour of DCECPL. Mr. Sathapathy appealed. The Orissa High Court upheld the order of the District Court on the grounds that:
- DCECPL could establish that it was the prior user of the mark.
- The Court found the get up and colour combination to be similar.