‘Tunday Kababi’ Is Now Officially A Trademark Of The Founding Family
Anyone and everyone who has been to Lucknow must have dined at the iconic restaurant Tunday Kababi, unofficial duplicates of which have cropped up in various parts of North India. However, in a new decree passed by the Delhi High Court, the exclusive rights to the name ‘Tunday Kababi’ have been granted to Mohammad Usman, the grandson of Haji Murad Ali ‘Tunday’ in Lucknow.
The decision has put to rest an on-going case between M.U. Eating Point, owned by Usman, and a competing food chain, ‘Lucknow Wale Tunday Kababi’, owned by Mohammad Muslim, who alleges to be the maternal grandson of the original Tunday Kababi titleholder and founder of the kebab shop, Murad Ali.
It all started way back in 2014 when Usman got to known about Mr. Muslim giving out franchisee rights to a person in Delhi to open a restaurant under the name ‘Lucknow Wale Tunday Kababi’. To dispute the same, Usman filed a case in the High Court. The argument boiled down to the reason, which gave the legit purpose of claiming the franchise title – lineage.
While Usman maintained that he had been using the trademark ‘Tunday Kababi’ and its logo since 1995 when his father Haji Rais Ahmad started another outlet in Aminabad, Lucknow, Mohammad Muslim claimed that since Haji Murad was without any children, he adopted the daughter of his brother. She subsequently had married Mohammad Hanif, and Mr. Muslim was born out of wedlock.
After listening to both sides of the case, Justice Jayant Nath pronounced the following last month:
“There is also nothing on record to support his (Mr. Muslim) contention that he has any right in the trademark ‘Tunday Kababi’ or logo ‘Tunday Kababi’.
“The mark ‘Lucknow Wale Tunday Kababi’ used by the defendants is structurally, visually and phonetically identical to the registered trademark of the Plaintiffs (M.U. Eating Point),” the judge said adding, “There is a clear violation of the statutory as well as common law rights of the Plaintiffs”.
Delhi High Court’s order will without a doubt set the original from copies, which is a reason to celebrate not only for the Tunday family but also connoisseurs looking for the real stuff that is the authentic buffalo meat galouti kebab.