Tunday kababi wins trademark infringement case
The most popular pit stop for all visitors to Lucknow, be it film stars, politicians or even tourists, is the Tunday Kabab shop. But not just for the outsiders, but for the city folk too, it had become increasingly difficult to differentiate the real from the copies, with kebab shops by the name of Tunday mushrooming all over the city in the last few years. But after Mohd Usman, grandson of the legendary Tunday or Haji Murad Ali won a case filed against him for infringement of trademark by his khala’s (paternal aunt) son, Mohd Muslim, who owns Lucknow Wale Tunday Kababi’s chain of restaurants, all shops bearing the name Tunday and not belonging to Usman had to take their signs down on Monday . They will now have to change the names of their outlets.
Muslim claimed that the name ‘Tunday’ belonged to him and his family and they were the rightful owners of it and anyone else using the name was doing so illegally . But in December 2014, the Delhi High Court declared Usman the rightful owner of the name ‘Tunday’.
The lineage
Haji Murad Ali, a one-handed royal khansama from Bhopal made the Galwati kababs and paranthas world famous and several shops in his name had sprung up in Lucknow and outside of it. Mohd Usman, who holds the patent of Tunday , is Murad’s brother’s son, as Ali himself had no children.
“It was our grandfather who started Tunday . Although I don’t remember much of him but my father tells us tales of how he used to work with one hand. The 109-year-old legacy of our grandfather was being misused and maligned. We had to put a stop to that. Allah has bestowed his blessings on us as we have won the case.It’s nothing else but the blessings of our dada jaan,” says Usman.
The patent and the problem
“We had got the name’Tunday’ patented in 1995, so no one could use the name without our permission or without our franchise. We had also got the secret recipe patented a decade back,” he says, adding, “Mere dada jaan ne, unke baad mere walid saab ne itni mehnat se yeh naam aur iski shaan banayi thi. Hamari origi nal dukaan Chowk mein Akbari Gate ke paas hai, aur 1996 main humne Aminabad wali dukaan shuru ki.”
Not happy with the circumstances that led to this lawsuit, Usman says, “It’s not nice when people within the family fight but I was forced to take this step as it was affecting the reputation of my forefathers. People would come up to me and complain about bad quality food being served at these outlets in our name. Ab main kitne logon ko batata ki yeh asli Tunday Kababi nahi hai?” says he. What also irked Usman was that tourists and celebrities were often taken for a ride, and led to the fake Tunday kabab outlets instead of the original ones.”Kitni baar hum akhbaar mein hi padhte thay ki falan-falan celebrity Faizabad Road ya Gomti Nagar gaya.Yeh log toh tourists ko bhi mislead kar rahe thay,” says Usman. He’s right on the mark. In November 2012, celebrity chef Vikas Khanna had promoted a TV show at the Faizabad Road outlet, which had to remove the Tunday signage on Monday .
Apart from Chowk and Aminabad, the other original Tunday outlets are at Kapoorthala, Alambagh, Kanpur Road, Telibagh, Rahim Nagar and Sahara Ganj.
In August 2014, Usman filed a writ petition in the Delhi High Court to prevent anyone from using his grandfather’s name. “Those people – my khala’s family, went to court last year and filed a case against us for trademark infringement and demanded a compensation of 50 lakh from us, but now that they have lost the case, we are demanding a compensation of `20 lakh from them for misusing our grandfather’s name and bringing it ill repute,” says Usman, “Now it’s time for them to get worried,” says he with a smile.
Board of contention
The restaurants in Lucknow that had to take down their signboards displaying the name of Tunday are those in Vivek Khand, Gomti Nagar, Sapru Marg, Faizabad Road, Aashiana, apart from the one in Kanpur and in Raebareli.
source: http://www.timesofindia.indiatimes.com / The Times of India / Home> City> Lucknow / by Itishree Misra, TNN / January 07th, 2015
