Madras High Court
M/S. Thalappakatti Naidu Anandha ... vs Thalapakattu Biriyani on 25 August, 2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.08.2021
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S. No.271 of 2020
and
O.A.Nos.496 and 497 of 2020
M/S. Thalappakatti Naidu Anandha Vilas Biriyani Hotel,
Represented by its authorized signatory,
V.Kamesh (M-39 years),
having its branch office at Flat No.B3,
New No. 17, Old No.18A,
11th Street, Nandanam Extension,
Chennai- 600 035.
.... Plaintiff
Versus
Thalapakattu Biriyani,
No.61, Trunk Road,
Poonamallee,
Chennai- 600 056.
...Defendant
Prayer: Plaint under Order VII Rule 1 of CPC read with Order IV Rule 1
of the Madras High Court Original Side Rules and Section 134 and
Section 135 of the Trade Marks Act, 1999 praying for the following:
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
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“Thalappakatti Biriyani Hotel” by using the offending Trade Mark and
Trading style “THALAPAKATTU BIRIYANI” or any other mark or
marks which are similar or in any way deceptively similar to or a
colourable imitation of the Plaintiffs Trade Mark “Thalappakatti Biriyani
hotel”.
B) Granting a permanent injunction restraining the Defendant, their men,
servants, 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 “THALAPAKATTU BIRIYANI” or any other mark or
marks which are similar or in any way deceptively similar to or a
colourable imitation of the Plaintiffs 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 “THALAPAKATTU” 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 stocjk of
unused offending goods with Trade Mark “THALAPAKATTU” with
name boards, labels, wrappers, boxes, covers, bags, packets, cartons,
bills, advertisements, materials, reports, envelopes, brochures, printing
blocks, etc. bearing the offending Trademark for destruction.
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E)Directing to the defendant to pay the Plaintiff the costs of the suit.
For Plaintiff : Mr. Vijayan Subramanian
For Defendant : Exparte
JUDGMENT
The suit is filed for permanent injunction restraining the
defendant from using the registered trademark of the plaintiff
“Thalpakkatti Briyani”.
2. The allegation in the plaint is that the defendant is running a
hotel in the name of “Thalapakkattu Briyani” at No.61, Trunk Road,
Poonamallee, Chennai 56, being infringed the plaintiff trademark, the suit
is filed for infringement of the registered trademark.
3. The sole defendant was served summon on 30.11.2020.
Pending suit, the plaintiff has filed the present memo dated 21.08.2021
reporting that the defendant has now changed the respondent name from
“Thalapakattu Briyani” to “Hotel Saka's” and she seek disposal of the
suit regarding the change of name by the defendant. The photograph of
the name board of the defendant hotel is also annexed along with this
memo.
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DR.G.JAYACHANDRAN,J.
VRI
4.Under the said circumstances, in view of the memo filed by
the plaintiff, permanent injunction sought under prayer (a) and (b) to
restrain the defendant from infringing the plaintiff trademark and
restraining the defendant from passing off the plaintiff trademark are
granted.
5.The other relief sought under prayer (c) , (d) and (e) are
dismissed. The suit is disposed of accordingly. No order as to costs. The
connected applications are closed.
25.08.2021
vri
C.S.No.271 of 2020
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