Madras High Court
M/S.Thalappakatti Naidu Anandha ... vs Taj Thalappakattu Biriyani on 24 August, 2021
C.S.No.160 of 2020
and O.A.Nos.250 & 251 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2021
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S(Comm.Div.).No.160 of 2020
and
O.A.Nos.250 & 251 of 2020
M/s.THALAPPAKATTI NAIDU ANANDHA VILAS BIRIYANI HOTEL,
Represented by its authorized signatory,
V.Kamesh,
having registered office at No.15,
East Car Street, Dindigul-629 001.
having its branch office at Flat No.B3,
New No.17, Old No.18A,
11th Street, Nandanam Extension,
Chennai-600 035. ... Plaintiff
Vs.
TAJ THALAPPAKATTU BIRIYANI,
No.732, Trunk Road,
Opp., to Bus Stand, Poonamallee,
Chennai-600 056. ... Defendant
Prayer: The Civil Suit has been filed under Order IV Rule 1 of
the Original Side Rules read with Order VII Rule 1 of C.P.C, and
Sections134 and 135 of the Trade Marks Act, praying for
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https://www.mhc.tn.gov.in/judis/
C.S.No.160 of 2020
and O.A.Nos.250 & 251 of 2020
(A) Granting a permanent injunction restraining the Defendant,
their men, servants, agents or anyone claiming through or under them from
in any manner infringing the Plaintiff Trade Mark and Trading style
“Thalappakatti Biriyani Hotel” by using the offending Trade Mark and
Trading style “TAJ THALAPPAKATTU BIRIYANI” or any other mark or
marks which are similar or in any way deceptively similar to or a colourable
imitation of the Plaintiff's Trade Mark “Thalappakatti Biriyani Hotel”;
(B) Granting a permanent injunction restraining the Defendant,
their men, agents, or anyone claiming through or under them from in any
manner Passing off the Plaintiff Trade Mark and Trading style
“Thalappakatti Biriyani Hotel” by using the offending Trade Mark and
Trading style “TAJ THALAPPAKATTU BIRIYANI” or any other mark or
marks which are similar or in any way deceptively similar to or a colourable
imitation of the Plaintiff's Trade Mark “Thalappakatti Biriyani Hotel”;
(C) Directing the defendant to render a true and faithful account
of the profits earned by them through the sale of food products bearing the
offending trade mark “THALAPPAKATTU” and directing payment of such
profits to the Plaintiff by way of damages for infringement committed by the
Defendant;
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https://www.mhc.tn.gov.in/judis/
C.S.No.160 of 2020
and O.A.Nos.250 & 251 of 2020
(D) Directing the Defendant to surrender to Plaintiff the entire
stock of unused offending goods with Trade Mark “THALAPPAKATTU”
with name boards, labels, wrappers, boxes, covers, bags, packets, cartons,
bills, advertisements, materials, reports, envelops, brochures, printing
blocks, etc., bearing the offending Trade Mark for destruction;
(E) Directing to the defendant to pay the Plaintiff the costs of the
suit.
For Plaintiff : Mr.Vijayan Subramanian
JUDGMENT
(This case has been heard through video conference)
The suit is filed for permanent injunction alleging infringement of
trademark and passing off and damages as consequential relief, alleging that
the defendant is running a business in the name of “TAJ
THALAPPAKATTU BIRIYANI” which is deceptively similar to that of the
plaintiff.
2. In the above suit, this Court on prima facie satisfaction had
granted interim injunction on 16.07.2020 restraining the defendant from
using the name of “TAJ THALAPPAKATTU BIRIYANI”.
https://www.mhc.tn.gov.in/judis/
C.S.No.160 of 2020
and O.A.Nos.250 & 251 of 2020
3. Pending suit, the plaintiff has filed a memo stating that the
defendant has changed his restaurant name from “TAJ THALAPPAKATTU
BIRIYANI” to “TAJ RESTAURANT BIRIYANI”. Therefore, the said fact
may be recorded and the suit may be disposed of accordingly. The
photograph of the present name board of the defendant has also been
annexed in the memo.
4. In the light of the above fact, the suit is disposed of with effect
granting permanent injunction restraining the defendant from using the
name of “Thalappakatti Biriyani Hotel”. The plaintiff is not entitled for any
other relief. Consequently, connected applications are closed. No costs.
24.08.2021
rpl 2/4
https://www.mhc.tn.gov.in/judis/
C.S.No.160 of 2020
and O.A.Nos.250 & 251 of 2020
DR.G.JAYACHANDRAN, J.
rpl
C.S(Comm.Div.).No.160 of 2020
and
O.A.Nos.250 & 251 of 2020
24.08.2021
https://www.mhc.tn.gov.in/judis/
