'Don't take away takeaway name'
AN INDIAN takeaway is being threatened with legal action in a row over its name.
Businessman Muhammed Ali opened Malik's, in Chesterton, in August and says business is booming.
But the 30-year-old faces having to start again after being accused of breaching a trademark owned by a restaurant 150 miles away.
Now Beta UK, which runs Malik's Tandoori Restaurant in Cookham, near Maidenhead, and a sister restaurant in Buckinghamshire, has given Mr Ali until Friday to change the name of his London Road takeaway or face court action.
Mr Ali said: "I thought it was a joke when I received the solicitor's letter.
"Malik is a very popular Islamic surname. It used to be my name before I changed it and four of my children are called Malik. It's like being called Mr Smith.
"I chose the name Malik's for my takeaway because I wanted it to be named after my children, not because I wanted it to be the same as a restaurant 150 miles away.
"There's no way I'm changing my takeaway's name. I've put too much hard work into this and built up its reputation just to be told to change my name. I would have to advertise all over again and that would cost a lot of money."
Solicitors representing Beta UK say the firm has the trademark rights to Malik and Mr Ali is using the name to make a profit.
The Malik's Tandoori near Maidenhead was named the Best Restaurant in the South-east at the British Curry Awards in 2005, 2006 and 2008. Its visitor book is signed by celebrities including Peter Andre and Jordan, model Kelly Brook and former England footballer and manager Glenn Hoddle.
Solicitor Tim Child said: "My client holds the trademark to the name Malik or Malik's.
"There are two other restaurants in the country that use the name Malik and in both cases we were satisfied the ownership was by a man called Malik and decided not to take action.
"It appears Mr Ali runs Malik's takeaway despite not being called Malik himself.
"There is no evidence to show any reason why he should be entitled to breach my client's trademark.
"My client is intending to issue legal proceedings unless something changes.
"Unless we get a proper response which satisfies us, we would be looking to get an injunction to prevent Mr Ali from using the name Malik for his takeaway.
"We would also be looking for damages suffered and for any legal costs to be reimbursed."
3 Comments
by Derynda, Chesterton
Wednesday, January 28 2009, 4:22PM
“I hope Mr Ali is reading this. It is another mad import from America, all this copyright thing. Call yourself Malik's of Chesterton, you should be OK then... the other guy who is suing you is just a stupid troublemaker and too big for his hat!
Live Long and Prosper!
Derynda”
by Michelle, Stoke Area
Tuesday, January 27 2009, 5:22PM
“What a load of rubbish this man has a valid enough reason why he chose the name Malik he used to be called this and his children still are and he wanted to name the restaurant after his kids. The other restaurant is just looking into getting money for nothing its 150 miles away for goodness sake? The other restaurant is looking into Damages served? what damages who the heck is going to travel 150 miles to stoke to have a curry just because its called maliks a load of piffle (for a better word) tell them to get notted they just want your money... I hope it all works out for you Mr Ali and you are aloud to keep the name. It will still be a lovely curry house no matter what your name may turn out to be?”
by lorry driver, the roads
Tuesday, January 27 2009, 4:18PM
“this is the best indian takeaway in this area.. as a customer who visits every week, i hope you can keep the name.. it doesnt matter what its called i will always come and get a curry..”