Delhi High Court Restrains “MOCHA KAFFEE”: Important Trademark Protection Lesson for Businesses

In a recent trademark development, the Delhi High Court temporarily restrained Mumbai-based café operator Mocha Kaffee from offering, marketing, or advertising its business under the “MOCHA KAFFEE” mark.

The Court found a prima facie case of trademark infringement and passing off, holding that the mark was deceptively similar to the registered “MOCHA” trademarks of Impresario Entertainment and Hospitality Pvt. Ltd.

Background of the Case

Impresario has been using the MOCHA trademark for restaurant and café services since 2001 and has registrations for “MOCHA” and several variants, including marks used in Class 43 for food and beverage services.

The company alleged that Mocha Kaffee was using “MOCHA KAFFEE” for cafés and beverages in Mumbai, including promotions on online platforms.

Despite cease-and-desist notices and requests for online takedowns, the alleged use continued, leading Impresario to approach the Delhi High Court.

Why Did the Court Find Similarity?

The Court noted that “MOCHA” was adopted in its entirety as the leading and prominent part of “MOCHA KAFFEE.”

The Court also considered other factors, including:

• “MOCHA” being used for identical café and restaurant services
• “KAFFEE” being phonetically similar to “CAFE”
• Similarities in the colour combination and branding
• Similarity in the respective taglines
• Online reviews referring to the defendant's outlets as “MOCHA CAFE,” indicating possible market confusion

Conclusion

The MOCHA KAFFEE dispute is a useful reminder that adding another word to an existing trademark may not necessarily make a new mark sufficiently distinctive. Courts can examine the overall commercial impression, similarity, nature of services, branding, and likelihood of consumer confusion.

For businesses, the key lesson is simple: choose a distinctive brand, conduct a proper search, secure trademark registration, and protect your intellectual property rights proactively.