The Nagpur Bench of the Bombay High Court has restrained ‘Barbeque Gokulpeth’ from using the name ‘Barbeque’ or any similar name. The order will remain in force until the final decision in the trademark and copyright dispute. Justice Y G Khobragade passed the interim order against the respondents. Petitioner Tarvinder Singh, who runs M/s Barbeque, has been operating a restaurant and food business under the brand name ‘Barbeque’ in Sadar since 1994. The petitioners have registered trademarks and copyright over the brand name and logo. The dispute started in November 2022. Pankaj Rai, Kumkum Rai and M/s Apess Hospitality Company started a cloud kitchen in Gokulpeth under the name ‘Barbeque Gokulpeth’.

 

The name was used on online food delivery platforms, including Zomato and Swiggy. Singh approached the court, claiming that the similar name was confusing customers. He also alleged that the respondents were taking unfair advantage of the reputation built by his business over several years. The petitioners first approached the District Court and sought a temporary injunction. However, the court rejected their plea. They then moved the High Court. After hearing both sides, Justice Khobragade restrained ‘Barbeque Gokulpeth’ from using the disputed name or any similar name, including online. Senior advocate M V Samarth appeared for the petitioners, assisted by Advocates Apurv De and Vaishnavi Ramidhani. Advocate C S Dharmadhikari, assisted by S D Pagay, appeared for respondents.