The Delhi High Court on Wednesday issued a notice to a restobar and its owner on a plea filed by cricketer Gautam Gambhir seeking to restrain them from using his name as the tagline of their eatery.
A bench of Justice G S Sistani and Justice Sangita Dhingra Sehgal sought the response of DAP and Co, which runs the two pubs -- Ghungroo and Hawalat -- in Punjabi Bagh area of west Delhi.
The directions came on the appeal made by the cricketer after his plea was earlier rejected by a single-judge bench.
In his plea challenging this order, Gambhir through senior advocate Rajiv Nayar contended that the name Gautam Gambhir, upon being mentioned, immediately gets associated with the cricketer only and no one else.
Nayar said the cricketer discovered in November 2016 that the owner was running the restaurants with the tagline 'by Gautam Gambhir' while the cricketer has absolutely no connection with the mentioned restaurants.
The single judge had dismissed the earlier plea stating that "Nothing has emerged on record if there was any loss to the goodwill of the plaintiff (cricketer) in his field i.e. cricket because of running of the restaurants by the defendant (pub owner) with the tagline in his own name".
The plea said the tagline tends to create confusion in the minds of the public regarding the fact that the plaintiff has some association or connection with the said restaurants.
LOTS IN A NAME
The cricketer, through senior advocate Rajiv Nayar contended that the name Gautam Gambhir, upon being mentioned, immediately gets associated with the cricketer only and no one else.