JUDGMENT :

1. Appellant and Respondent have locked horns over use of the tradename ‘Anna’ for operating their respective eateries serving south Indian delicacies. The word ‘Anna’ may otherwise sound to be generic, used in many parts of the country, especially in the southern states, to address an elder brother or a person in position of brotherly affection or someone older. However, since the word ‘Anna’ is largely associated with southern India, there appears to be growing tendency to name eateries serving idli, dosas and other south Indian delicacies with the word ‘Anna’. This appears to be the reason why Plaintiff and Defendant claim exclusivity in the name ‘Anna’ by registering their respective trademarks. Plaintiff owns registered trademarks ‘ANNA IDLI GRUHA’, whereas Defendant is the owner of registered trademark . Appellant/Plaintiff, an admitted prior user, seeks restraint order against Respondent/Defendant from using the mark for operating his restaurant in Pune, contending that use of the Mark amounts not only to infringement of Plaintiff’s trademarks, but also passi