Madras High Court
M/S.Thalappakatti Naidu Anandha ... vs Ss Thalappakatti Biriyani on 24 August, 2021
C.S.No.272 of 2020
and O.A.Nos.498 & 499 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.272 of 2020
and
O.A.Nos.498 & 499 of 2020
M/s.THALAPPAKATTI NAIDU ANANDHA VILAS BIRIYANI HOTEL,
Represented by its authorized signatory,
V.Kamesh
having its branch office at Flat No.B3,
New No.17, Old No.18A,
11th Street, Nandanam Extension,
Chennai-600 035. ... Plaintiff
Vs.
SS THALAPPAKATTI BIRIYANI,
No.40, Geddalahalli, Opp. Star Market,
Kothanur Post, Bangalore-560 077. ... 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
(A) Granting a permanent injunction restraining the Defendant,
their men, servants, agents or anyone claiming through or under them from
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https://www.mhc.tn.gov.in/judis/
C.S.No.272 of 2020
and O.A.Nos.498 & 499 of 2020
in any manner infringing the Plaintiff Trade Mark and Trading style
“Thalappakatti Biriyani Hotel” by using the offending Trade Mark and
Trading style “SS THALAPPAKATTI 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 “SS THALAPPAKATTI 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 “THALAPPAKATTI” and directing payment of such
profits to the Plaintiff by way of damages for infringement committed by the
Defendant;
(D) Directing the Defendant to surrender to Plaintiff the entire
stock of unused offending goods with Trade Mark “THALAPPAKATTI”
with name boards, labels, wrappers, boxes, covers, bags, packets, cartons,
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C.S.No.272 of 2020
and O.A.Nos.498 & 499 of 2020
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 that the
defendant is infringing the registered trademark of the plaintiff's
“Thalappakatti Biriyani Hotel” by adopting similar mark “SS
THALAPPAKATTI BIRIYANI”
2. The averments as found in the plaint is that the registered
trademark of the plaintiff “Thalappakatti Naidu Biriyani Hotel” is adopted
by the defendant to his hotel at No.40, Geddalahalli, Opp. Star Market,
Kothanur Post, Bangalore-560 077, thereby exploiting the reputation and
goodwill of the plaintiff's mark.
3. This Court, on considering the material placed by the plaintiff
https://www.mhc.tn.gov.in/judis/
C.S.No.272 of 2020
and O.A.Nos.498 & 499 of 2020
being prima facie satisfied, had granted interim injunction on 14.10.2020
restraining the defendant from using the name of “SS THALAPPAKATTI
BIRIYANI”.
4. Pending suit, the defendant has changed their restaurant name
from “SS THALAPPAKATTI BIRIYANI” to “HOTEL NEW TAJ”. The
photograph of the new name board of the defendant taken on 24.07.2021 is
also annexed along with the memo filed by the plaintiff.
5. Considering the memo dated 23.08.2021 filed by the plaintiff,
the suit is disposed of by granting permanent injunction against the
defendant from using the mark “SS THALAPPAKATTI BIRIYANI”. All
other reliefs sought in the suit are dismissed. No costs. Consequently,
connected applications are closed.
24.08.2021
rpl
DR.G.JAYACHANDRAN, J.
https://www.mhc.tn.gov.in/judis/
C.S.No.272 of 2020
and O.A.Nos.498 & 499 of 2020
rpl
C.S(Comm.Div.).No.272 of 2020
and
O.A.Nos.498 & 499 of 2020
24.08.2021
https://www.mhc.tn.gov.in/judis/
