Delhi¡¯s ¡®Dolma Aunty¡¯ Wins Trademark Battle Over Her Iconic Momos Joint's Name
The Delhi High Court recently cancelled the "Dolma" trademark adopted by a man from UP. Dolma Tsering's plea sought the cancellation of the mark adopted by Mohd. Akram Khan. She alleged that he not only adopted her previously used trademark but also used her name without permission.
Dolma Tsering, famously known as Dolma Aunty who is credited with making momos the favourite snack of Delhi has won a court battle over the unauthorised use of her name and trademark.
The Delhi High Court recently cancelled the "Dolma" trademark adopted by a man from UP who used the name without her permission.
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UP man used Dolma Aunty's trademark
Tsering's plea sought the cancellation of the "Dolma" mark adopted by Mohd. Akram Khan, alleging that he not only adopted her previously used trademark but also used her name without permission.
She argued that Khan's adoption of the "Dolma" trademark was not only identical to hers but also constituted trademark infringement and unfair competition.
What the court said
The court noted that Khan failed to respond to the petition, leaving Tsering's allegations of non-use unrebutted. Hence, it accepted Tsering's claims and ordered the cancellation and removal of Khan's "Dolma" trademark from the Trade Marks Register.
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"This court is of the view that the trademark of respondent No.1 be cancelled and removed from the Trade Marks Register and the same should accordingly be rectified. It is directed accordingly," said the judge in an ex-parte order.
"Respondent No.1's registered trade mark be removed and cancelled in the above terms," ordered the court. Khan had registered "Dolma Aunty Momos" in September 2018 on a "proposed to be used basis".
In her rectification petition, Tsering said she was granted the registration in November 2023 on the basis of its use since January 1994.
Justice Anish Dayal noted that the petitioner set up a small shop at Lajpat Nagar in 1994 as the first retailer of momos, a Tibetan delicacy, which has since become popular across Delhi-NCR.
Who is Dolma Aunty
Dolma whose family hails from Tibet had fled to India during the exile of the Dalai Lama grew up in a refugee settlement in Karnataka, before moving to Delhi.
After coming to Delhi, Dolma set up her first momo stall in Lajpat Nagar in 1994.
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Soon Delhiites got hooked on the addictive taste of momos and even today Dolma Aunty Momos is one of the most famous eateries in the national capital serving authentic Tibetan dishes.
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