Madras High Court
M/S.Anjappar Chettinad A.C. ... vs M/S.Hotel Anjappar on 12 August, 2022
C.S.(Comm.Div.) No.103 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.(Comm.Div.) No.103 of 2022
and A.No.2116 of 2022
M/s.Anjappar Chettinad A.C. Restaurant
Rep. by one of its Partner Mr.A.Maruthapandian
No.7/2, J.P.Towers,
Thirumurthy Nagar Main Road,
Nungambakkam, (Nungambakkam High Road)
Chennai - 600 034. ... Plaintiff
vs.
M/s.Hotel Anjappar
Near Velankanni Bus Stand,
Velankanni,
Nagapattinam District - 611 111. ... Defendant
PRAYER: Plaint filed under Order IV Rule 1 of the Original Side Rules
And Order VII Rule 1 of CPC Read With Sections 27, 29, 134 and 135 of the
Trademarks Act, 1999 and Sections 2(1)(c)(xvii) and 7 of the Commercial
Courts Act, 2015, prayed for Judgment and Decree:-
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C.S.(Comm.Div.) No.103 of 2022
(a) For a permanent injunction restraining the defendant, their men,
agents, servants or anyone claiming through them from in any manner
infringing the plaintiff's registered trademark "Anjappar Chettinad A.C
Restaurant" by using the trademark "Hotel Anjappar", which is identical and
deceptively similar to the plaintiff's registered trademark "Anjappar Chettinad
A.C Restaurant".
(b) For a permanent injunction restraining the defendant, their men,
agents, servants, or any one claiming through them from in any manner
passing off their food products / service as that of the plaintiff's by using an
identical trademark "Hotel Anjappar", which is identical and deceptively
similar to the plaintiff's registered trademark "Anjappar Chettinad A.C
Restaurant".
(c) Directing the defendant to render a true and faithful accounts of the
profits earned by them through the sale of their food products bearing the
infringing trademark "Hotel Anjappar" which is identical and / or deceptively
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C.S.(Comm.Div.) No.103 of 2022
similar to the plaintiff's registered trademark "Anjappar Chettinad A.C
Restaurant" and directing the payment of such profits to the plaintiff.
(d) Directing the defendant to pay the costs of the suit to the plaintiff.
For Plaintiff : Mr.V.Avinesh
For Defendant : Set Ex parte
**********
JUDGMENT
The suit was filed seeking relief in respect of alleged trademark
infringement and passing off. Suit summons was served on the defendant on
20.06.2022. On account of the failure of the defendant to appear at the
hearing on 08.07.2022, the Registry was directed to print the name of the
defendant in the cause list for the hearing on 22.07.2022. Since the defendant
did not appear at the hearing on 22.07.2022, the defendant was set ex parte.
2. The plaintiff adduced ex parte evidence by examining
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C.S.(Comm.Div.) No.103 of 2022
Mr.A.Kandasamy, a partner of the plaintiff, as P.W.1. In course of the
examination in chief of P.W.1, 12 documents were exhibited as Exs.P1 to
P12.
3. Learned counsel for the plaintiff states that the mark ANJAPPAR
CHETTINAD RESTAURANT is in use from the year 1964. By drawing
reference to Exs.P2 and P3, which are the trademark registration certificates
and the legal user certificates, which were exhibited as Exs.P10 and P11, it is
stated that the plaintiff is the registered proprietor of the trademark
ANJAPPAR CHETTINAD RESTAURANT and the device mark
ANJAPPAR. On perusal, these registrations are under class 42 and pertain to
services relating to the provision of food and drink. Learned counsel points
out that the defendant has established a restaurant under the trade name
HOTEL ANJAPPAR. By drawing a comparison between the plaintiff's
trademark and the trade name of the defendant, it is submitted that the
impugned mark is infringing. As evidence of goodwill and reputation, in
paragraph 10 of the proof affidavit of A.Kandasamy, the sales turnover is set
out. Therefore, the plaintiff is entitled to the reliefs prayed for at prayer (a)
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C.S.(Comm.Div.) No.103 of 2022
and (b) of paragraph 30 of the plaint. As regards the relief prayed for in
prayer (c), in the absence of the defendant, it is not possible to compute
profits or determine the additional Court fees. Therefore, prayer (c) is
rejected. Since costs follow the event, the plaintiff is also entitled to costs.
4. In the result, C.S.(Comm.Div.) No.103 of 2022 is decreed in terms
of prayers (a) and (b) of paragraph 30 of the plaint. In addition, the defendant
is directed to pay a sum of Rs.1,50,000/- (Rupees One lakh Fifty Thousand
only) as costs to the plaintiff towards Court fees, reasonable lawyer's fees and
other expenses. Consequently, A.No.2116 of 2022 is closed.
12.08.2022
rna
Index : Yes / No
Internet : Yes / No
Plaintiff's witness:
P.W.1 - A.Kandasamy
Documents exhibited by the plaintiffs:
Exhibits Documents
Ex.P1 Authorization letter dated 02.08.2022.
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C.S.(Comm.Div.) No.103 of 2022
Exhibits Documents
Ex.P2 Photocopy of the certificate of registration of the "Trademark"
'Anjappar Chettinad A.C Restaurant' in class 42 under
Application number 1365249 dated 17.03.2008 (compared with
original).
Ex.P3 Photocopy of the certificate of registration of the "Trademark"
'Anjappar Chettinad A.C Restaurant' in class 42 under
Application number 1365248 dated 25.02.2008 (compared with
original).
Ex.P4 Printout of the notification no.G.S.R. 428 (E) published in the
Gazette of India dated 20.05.2010 along with 65B affidavit.
Ex.P5 Photocopy of the Reconstitution Deed dated 31.03.2014
(compared with original).
Ex.P6 Photocopy of the certificate of registration of the trademark
'Anjappar Chettinad A.C Restaurant' in class 43 under
application number 4408185 dated 07.09.2020 (Compared with
original).
Ex.P7 Printout of the certificate of registration of the trademark
'Anjappar Chettinad A.C Restaurant' in class 43 under
application number 4408184 dated 12.04.2021 along with 65B
affidavit.
Ex.P8 Photocopy of the legal use certificate Registration of the
"Trademark" 'Anjappar Chettinad A.C Restaurant' in class 42
under application number 1365249 dated 01.02.2022
(Compared with original).
Ex.P9 Photocopy of the legal user certificate Registration of the
"Trademark" 'Anjappar Chettinad A.C Restaurant' in class 42
under application number 1365248 dated 01.02.2022
(Compared with original).
Ex.P10 Photocopy of the legal use certificate Registration of the
"Trademark" 'Anjappar Chettinad A.C Restaurant' in class 42
under application number 4408185 dated 01.02.2022
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C.S.(Comm.Div.) No.103 of 2022
Exhibits Documents
(Compared with original).
Ex.P11 Photocopy of the legal use certificate Registration of the
"Trademarks" 'Anjappar Chettinad A.C Restaurant' in class 42
under application number 4408184 dated 01.02.2022 (compared
with original).
Ex.P12 Authorization letter for the second partner dated 27.04.2022.
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C.S.(Comm.Div.) No.103 of 2022
SENTHILKUMAR RAMAMOORTHY,J
rna
C.S.(Comm.Div.) No.103 of 2022
and A.No.2116 of 2022
12.08.2022
https://www.mhc.tn.gov.in/judis
