Battle for butter chicken inventorship gets spicier; verdict likely on May 29

Both parties have produced in non-public filing of evidence in black-and-white photograph from 1930s showing the two friends in Peshawar; a 1949 partnership agreement; Jaggi's business card after relocating to Delhi and his 2017 video talking about the dish's origin

In a first of its kind, we have seen a legal suit being filed by the Delhi Restaurants Moti Mahal against Daryaganjin January claiminginventorship of the much-famed dish butter chicken. As months have passed, it has now emerged as a‘Legacy vs Legality’ battle.

The contention between the two eateries is on who invented the dish first, where it was invented and when. The legal battle has now garnered the attention of food bloggers, crtics, social media and TV channels worldwide.

The court will have to rule on where, when and by whom the dish was made first- by Gujral in Peshawar or Jaggi in New Delhi, or if both should be credited.

The point to be noted is that both men are dead and by virtue of the friends' partnership, both parties are claiming that their respective ancestors ‘invented’ the dish.

Stakes are high because butter chicken is ranked 43rd in a list of world's "best dishes" by Taste Atlas and claiming the title of inventorship will enhance the brand image world over for the eateries.

Both parties have produced in non-public filing of evidence in black-and-white photograph from 1930s showing the two friends in Peshawar; a 1949 partnership agreement; Jaggi's business card after relocating to Delhi and his 2017 video talking about the dish's origin.

Jaggi or Gujral, 1930’s or 1947, Peshawar or New Delhi, all these questions must be resolved to give credit to one of the restaurants. The eatery, which will be credited as an inventor, will have a huge advantage globally and in terms of customer appeal.

Moti Mahal operates a franchisee model with over 100 outlets globally. Its butter chicken dishes start at Rs. 650 in New Delhi and are priced at Rs. 2000in New York. The outletboasts of visits by Richard Nixon and Jawaharlal Nehru.

Whereas Daryaganj started in 2019 and its butter chicken costs Rs. 600y. It has 10 outlets, mostly in New Delhi, and the future plans include expanding to other Indian cities and Bangkok. In its 2,752-page Indian lawsuit, Moti Mahal has alleged Daryaganj of copying "the look and feel" of the interiors of its outlets, which is a “trade dress” violation.

Meanwhile, Daryaganj has furnished photographs of their restaurant interiors claiming Moti Mahal that has copied its "design of floor tiles".

The next date of the hearing is on May 29, the Delhi High Court will have to frame all these issues and then decide upon them.

To conclude, I feel that the tag line of inventorship is important as a business strategy and will bring credibility. Moreover, customers will always prefer quality and service to who created the dish first. All eyes will be on the court decision to see how inventorship of dishes and recipes will be protected by law in future and what advantage the first creator of a dish gets in terms of business competition.

To end on a lighter note as these eateries exist close to each other, I remember the Onida tag line “Owners Pride, Neighbours Envy” which suits the best. I think the contenders should leave it to the public to decide on their choice.

(The writer is Head (Legal&IPR), Resolute Group of Companies)