You are hungry, and you remember your friend telling you, "You have to stop at Khandelwal Dhaba for their butter chicken." You see a signboard: "M/S Khandelwal Dhaba." You pull over, excited, expecting the legendary food. Later, you find out there is another "M/S Khandelwal Dhaba" 10 kilometers down the road—the one your friend was actually talking about.
The Battle of the Name: Khandelwal Dhaba vs Khandelwal Dhaba. When two eateries share the same family name, who has the right to use it? A recent court ruling clears the air on "Passing Off" and restaurant branding.
Key Takeaways
- M/S Khandelwal Dhaba vs M/S Khandelwal Dhaba: A Case of Mistaken Identity Can a common surname become a trademark?
- You are hungry, and you remember your friend telling you, "You have to stop at Khandelwal Dhaba for their butter chicken." You see a signboard: "M/S Khandelwal Dhaba." You pull over, excited, expecting the legendary food.
- Later, you find out there is another "M/S Khandelwal Dhaba" 10 kilometers down the road—the one your friend was actually talking about.
- The court observed that the defendant didn't just use the surname; they copied the style of the signboard, the font, and the overall "get-up" of the original dhaba.
- Instead of just "Khandelwal Dhaba," try "Khandelwal’s Royal Dhaba" or "Raju’s Khandelwal Dhaba." Keep Evidence: If you are running a successful shop, save your visitor books and reviews.
M/S Khandelwal Dhaba vs M/S Khandelwal Dhaba: A Case of Mistaken Identity
Can a common surname become a trademark? The January 15, 2026 judgment dives deep into the rights of unregistered trademarks and the confusion caused by identical business names.
- The Update: On January 15, 2026, the court delivered a decisive judgment in the case of M/S Khandelwal Dhaba vs M/S Khandelwal Dhaba. The battle wasn't just about a name; it was about who legally owns the "reputation" attached to that name on the highway.
- The Impact: This verdict is a wake-up call for restaurants and dhabas everywhere. It confirms that even if you are using your own surname, you cannot use it to fool customers into thinking you are a famous, established brand.
- The Action: If you are opening a food business, don't just pick a popular local name assuming you have the right to use it. Do a thorough search. If a competitor is famous under that name, you might have to add something to distinguish yourself.
The Highway Confusion
Imagine you are driving down a busy national highway. You are hungry, and you remember your friend telling you, "You have to stop at Khandelwal Dhaba for their butter chicken."
You see a signboard: "M/S Khandelwal Dhaba." You pull over, excited, expecting the legendary food. But the service is slow, and the food is just... okay.
Later, you find out there is another "M/S Khandelwal Dhaba" 10 kilometers down the road—the one your friend was actually talking about. You feel cheated. You ate at the wrong place because the names were identical.
This is exactly the scenario that played out in the real world, leading to the legal battle we are discussing today.
The Legal Dispute: Who Owns the Name?
The case involved two parties with the exact same name: M/S Khandelwal Dhaba.
- The Plaintiff: The original dhaba, let's call them "Khandelwal 1." They had been running their shop for decades. They had built a massive reputation. Truckers and families traveled miles specifically for their food. They had spent years and lakhs of rupees building the "Goodwill" of the name.
- The Defendant: The new entrant, "Khandelwal 2." They opened a dhaba nearby with the same name. Their argument was simple: "My last name is Khandelwal. I have the right to name my dhaba after myself."
On the surface, the defendant's argument sounds fair. It’s their name, right? But the law looks at it differently.
The "Surname" Defense vs. Brand Reputation
This is the heart of the case. In India, surnames like "Sharma," "Verma," "Agarwal," or "Khandelwal" are common. The law generally says you can't trademark a common surname exclusively because everyone has the right to use their own name.
However, there is a big exception.
If you use your surname in a way that deceives the public, it becomes illegal. If "Khandelwal Dhaba" has become a "brand" in the minds of the public—meaning people associate that specific name with specific quality and location—then a new guy using the same name is stealing that goodwill.
The court had to decide: Is the defendant just using his family name, or is he trying to "Pass Off" his shop as the famous one?
The Verdict of Jan 15, 2026
On January 15, 2026, the court ruled in favor of the original plaintiff.
The judgment emphasized that honesty is key in business. The court observed that the defendant didn't just use the surname; they copied the style of the signboard, the font, and the overall "get-up" of the original dhaba.
The court stated: "While a person has a right to use their surname, they cannot use it as a cloak to deceive the public."
Since the plaintiff had prior use and a established reputation, the court granted an injunction. This means the defendant can no longer use the name "M/S Khandelwal Dhaba" in a way that causes confusion. They have to change their branding or add enough distinguishing features (like "New Khandelwal Dhaba" or their specific first name) so customers don't get mixed up.
What is "Passing Off" in the Restaurant Business?
This case is a textbook example of Passing Off. Since dhabas often operate without formal trademark registrations, they rely on Common Law.
To win such a case, you have to prove the "Classic Trinity":
- Goodwill: Is your restaurant famous? (The plaintiff proved this with photos, bills, and customer testimonials).
- Misrepresentation: Is the other guy confusing people? (The identical names proved this).
- Damage: Are you losing money because of this? (The plaintiff showed customers going to the wrong shop).
The Jan 15 verdict confirmed that reputation travels. Even if you are a small highway eatery, if you are famous, the law will protect you from copycats.
Conclusion and What Should You Do Now?
The M/S Khandelwal Dhaba case is a lesson for every small business owner. You cannot hide behind "it's my name" if you are actually trying to steal someone else's customers.
The market rewards originality. If you want to build a legacy, build your own name. Don't try to wear someone else's clothes and expect to get away with it.
- Check Your Area: Before naming your restaurant, Google the name. If there is a famous place with that name within 50-100 km, change yours.
- Be Distinct: If you must use a common surname, add a unique identifier. Instead of just "Khandelwal Dhaba," try "Khandelwal’s Royal Dhaba" or "Raju’s Khandelwal Dhaba."
- Keep Evidence: If you are running a successful shop, save your visitor books and reviews. If someone copies you later, these papers are your best defense in a Passing Off suit.
Stay tuned as we bring you the latest developments from the Hon’ble Supreme Court and High Courts of India. Vakilkaro offers comprehensive legal services in Intellectual Property Rights, including trademark, copyright registration. We also assist with business registration and licensing like LLP, OPC, Private Limited Company registration etc. ensuring seamless compliance and regulatory support for businesses.
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The Vakilkaro Brief; Khandelwal Dhaba vs Khandelwal Dhaba: Can You Copyright a Surname?+
You are hungry, and you remember your friend telling you, "You have to stop at Khandelwal Dhaba for their butter chicken." You see a signboard: "M/S Khandelwal Dhaba." You pull over, excited, expecting the legendary food. Later, you find out there is another "M/S Khandelwal Dhaba" 10 kilometers down the road—the one your friend was actually talking about.