Jusrtice Senthil Kumar injuncts a kerala Restaurant to use the name Thalappakatti

O.A.Nos.391 & 392 of 2022 in
C.S.(Comm Div) No.132 of 2022
SENTHILKUMAR RAMAMOORTHY, J
In a suit for alleged trademark infringement and passing off, the plaintiff has presented these two applications seeking interim injunction.
2. Learned counsel for the applicant draws reference to the registration certificates issued to the applicant in respect of the marks
“THALAPPAKATTI BIRIYANI HOTEL” and “THALAPAKATTI”. He
asserts that the said marks have been in use by the applicant from the year 1957. He also points out that the mark has been protected diligently by initiating actions whenever infringement was noticed. By drawing reference to pages 187 and 188 of the typed set of papers, he points out that the respondent is also using the mark “THALAPAKATTI BIRIYANI”,
including in relation to the dishes offered at the restaurant. Learned counsel also points out that the respondent has reached out to the applicant upon receipt of pre-suit notice and has indicated that changes to the name may be considered.
https://www.mhc.tn.gov.in/judisPage 1 of 2
SENTHILKUMAR RAMAMOORTHY, J
kal
3. Upon considering said submissions and on examining the documents, a prima facie case is made out. Accordingly, orders of adinterim injunction as prayed for in these two applications are issued for a period of three weeks from the date of receipt of a copy of this order. Issue notice to the respondent returnable by 05.08.2022. Private notice is also permitted. The Applicants shall comply with Order XXXIX Rule 3 CPC.
Let the matter appear on 05.08.2022.
15.07.2022
kal

O.A.Nos.391 & 392 of 2022 in C.S.(Comm Div) No.132 of 2022
https://www.mhc.tn.gov.in/judisPage 2 of 2