The likelihood of confusion, misrepresentation, and damage to goodwill constitutes passing off, justifying the grant of permanent injunction.

Vipin Sanghi, J.

1. The Plaintiff, Oriental Cuisines Private Limited, has filed the present suit alleging passing off and infringement of its trademark and copyright in the mark “THE NOODLE HOUSE” by the defendant, Star Restaurants Private Limited, and consequently seeking a decree of permanent injunction restraining the defendant, whether acting by itself or through its partners or proprietor, its officers, servants, agents and representatives from manufacturing and selling and offering for sale or supply, advertising, directly or indirectly dealing or rendering services in the hospitality industry or other related goods and services under the mark/ name “THE NOODLE HOUSE” and/or any other mark confusingly similar thereto, or any imitation or variation thereof, amounting to an infringement and passing-off of the plaintiff company’s trademark; using the mark “THE NOODLE HOUSE” and/or any deceptively similar name, from in any manner holding out an association of its products or business with that of the plaintiff and from doing acts as to pass off or likely to pass off the defendant’s goods or business as those of the plaintiff.

2. The plaintiff also prays for a decree of mandatory injunction ordering the defendant, its partners or proprietor, their officers, servants, agents, representatives, distributors and assigns to hand over all products, packaging cartons, unfinished products, bill boards etc bearing the mark “THE NOODLE HOUSE” to the plaintiff. In addition, the plaintiff also prays for damages and costs of the suit.

3. The plaintiff is a private limited company incorporated under the Indian Companies Act, 1956 on 10.05.1994, having its registered office at Chennai. The plaintiff company is in the business of global specialty and hospitality management engaged in discovering, developing and commercializing food courts and popular food chains and restaurants serving a variety of cuisines. The present suit relates to the plaintiff’s rights in the trademark “THE NOODLE HOUSE” which was adopted and introduced by the plaintiff company in December 2003 in respect of restaurants serving Indo-Chinese cuisine.

4. The defendant is a private limited concern in the business of hospitality and restaurant management. The plaintiffs allege that in May 2008, the plaintiff learnt of the proposed launch of the defendant’s restaurant “THE NOODLE HOUSE” at MGF Mall, Saket, Delhi proposing to offer the same cuisine as the plaintiff’s restaurant. In the aforesaid background, the plaintiff filed the present suit seeking the reliefs mentioned hereinabove.

5. Summons were issued in the suit vide order dated 30.05.2008 returnable on 11.07.2008. As service report was awaited, fresh summons were issued vide order dated 11.07.2008 returnable on 12.08.2008 on which date summons were again directed to be issued returnable on 12.09.2008. On 12.09.2008, service report was awaited and the matter was renotified for 19.11.2008. On 19.12.2008, the defendant was proceeded ex parte as despite being served with ‘Dasti’ summons on 22.10.2008, the defendant failed to put in an appearance and file its written statement. Order dated 19.12.2008 also allowed the plaintiff’s application under Order 39, Rule 1&2, Civil Procedure Code (CPC) and restrained the defendant from manufacturing, selling, offering for sale, advertising or rendering services in hospitality industry or other related goods and services under the trademark “THE NOODLE HOUSE” or any mark deceptively similar thereto amounting to infringement and passing off till the disposal of the suit. On 09.11.2009, notice was issued on the plaintiff’s application under Order 10, Rule 1 CPC for impleadment of Jumeirah Group LLC as defendant no.2. This application was dismissed as withdrawn vide order dated 16.07.2012 in view of a settlement arrived at in another suit being CS (OS) 1947/2008 between Jumeirah Group LLC and the plaintiff on 13.07.2012. A copy of the settlement agreement has been placed on recor