NAANsense! Amritsari Chur Chur Naan And Chur Chur Naan Are The Same, Says High Court

A different kind of war has been going on in Delhi 每 the one over terms 'Chur Chur Naan' and 'Amritsari Chur Chur Naan'. The Delhi High Court said that there cannot be any monopoly over both the terms as they are ※completely generic§.

The court said the word 'Chur Chur' merely means "crushed" and 'Chur Chur Naan' means "crushed Naan" and nothing more, and it is incapable of acquiring trademark signification.

Praveen Kumar Jain, the owner of an outlet in Paharganj here that sells naan and other food items, filed a plea in the High Court and claimed exclusive rights on the expression 'Chur Chur Naan' as he had the registration for it.

Jain had filed for alleged trademark infringement against another outlet which uses a similar expression.

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The Court said that wrongly granted permissions cannot be ignored.

It added that these terms are from day to day conversations and there can＊t be any monopoly over it.

"The plaintiff has obtained registration of the marks 'Chur chur Naan, Amritsari Chur Chur Naan', but the same would not in any manner prevent the bonafide description of the character of the naan which is crushed, that is, 'chur chur'," the court said.

"The defendants have also shown on record that it is the common practice in the trade for food outlets to use names such as Chandni Chowk Ke Mashoor, Dilli Ke Mashoor, Delhi Walo Ki Mashoor etc.The same are very common to the trade and are used by a large number of parties as is evident from the entries from third party websites which are placed on record. Thus, there cannot be any monopoly on the terms 'Chur Chur Naan and Amritsari Chur Chur Naan as the same are generic," Justice Singh said.