The Indian kati roll eatery business sometimes gets messy — and not from the food.
NEW BRUNSWICK -- Running a kati roll eatery sometimes gets messy, but a recent matter between two Indian eateries -- one from New Brunswick and the other from New York City -- has nothing to do with the food.
A kati roll is a traditional Indian wrap made up of combinations of lamb, chicken, egg, potato, mixed vegetables, spices enfolded into a warm paratha, a type of Indian flatbread.
A New Brunswick eatery has agreed to pay a New York City establishment a $700,000 settlement following a federal case over allegations of trademark infringement.
Niraj Jivani, owner of Nirvanis Indian Kitchen, on Easton Avenue, in New Brunswick, recently paid a $700,000 settlement to a New York City-based eatery called The Kati Roll Company, after the restaurant brought a federal lawsuit over allegations of trademark infringement. The Kati Roll Company, founded by Payal Saha in 2002 in Greenwich Village, had sued Kati Rolls & Platters located on Easton Avenue in federal court for allegedly stealing the New York City eatery's trademark, including colors and design scheme.
Niraj Jivani, owner of Nirvanis (formerly Kati Roll & Platters) disputed the allegations and said he settled merely because "he wanted to get her (Saha) out of his hair." He also agreed to change the name of the establishment, which is now called Nirvanis Indian Kitchen, still at the same location.
Jivani said Saha pursued the lawsuit because she was upset that he was stealing her customers.
"From day one, she got mad that I had twice as many (rolls) and the legendary white sauce that we made," Jivani said, standing inside his shop as customers came and went. "She's mad that she lost all of her New Jersey customers to me."
Saha's husband and business partner, Anil Bathwal, who spoke on his wife's behalf, said it had nothing to do with trying to prevent people from doing business. Just not on the back of The Kati Roll Company.
Kati Roll & Platters, he said, was just too similar, and it began to cause a lot of confusion among customers and other establishments.
"We found that not only had they borrowed elements of our decor ... (but) even online on Facebook and a couple of other places, they positioned themselves as the official The Kati Roll Company," Bathwal said. "That is when we got a little more serious about it."
He said the lawsuit wasn't primarily about any potential revenue losses, though he said that did play a part. But mainly, he said, it was about the company's reputation.
New York City-based Indian eatery, The Kati Roll Company, was recently awarded a $700,000 settlement in a federal case it brought against a New Brunswick restaurant called Kati Rolls & Platters over allegations of trademark infringement. "The main thing wasn't about the loss of revenue," he said, "it was about the brand, the reputation, the confusion, that confusion should not be there."
"We had no desire to shut people off from doing business," he said, "but please don't ride on our back."
Jivani said he planned to open up another store near The Kati Roll Company in New York City.
"As close as I can," he tauntingly said.
To which Bathwal responded: "He has been saying this (for years). That tells us about the character of the person."
Bathwal then said The Kati Roll Company had plans to open up shop in New Jersey, though he would not say where at this time.
The Kati Roll Company won a separate federal case regarding its trademark against another New York City establishment called Kati Junction.
Spencer Kent may be reached at skent@njadvancemedia.com. Follow him on Twitter @SpencerMKent. Find the Find NJ.com on Facebook.