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2011 Supreme(Mad) 2917

V.RAMASUBRAMANIAN
Thalappakatti Naidu Ananda Vilas Biriyani Hotel, Represented by its Partner, N. Dhanabalan – Appellant
Versus
Thalapakattu Biriyani and Fast Food temporarily called as "Chennai Rawther Thalapakattu Biriyani" Represented by its Partner – Respondent


Advocates Appeared:
For the Applicant: R. Muthukumaraswamy, Senior Counsel.
For the Respondent: Arvind P. Datar, Senior Counsel.

JUDGMENT :-

1. Thalappakatti Naidu Anandha Vilas Biriyani Hotel, Dindigul represented by its partner N.Dhanapalan came up with the suit C.S.No.203 of 2007, seeking (i) a decree of permanent injunction restraining the defendant therein from committing infringement of the plaintiff's trademark and also (ii) a decree of permanent injunction restraining the defendant from passing off their food products as that of the plaintiff's. Pending suit, the plaintiff moved two applications for injunction in O.A.Nos.298 and 299 of 2007, one for infringement and another for passing off. Both the applications for injunction were allowed by me by an order dated 7.11.2007. Challenging the common order passed in both the applications, the defendant in C.S.No.203 of 2007 filed two appeals in O.S.A.Nos.223 and 224 of 2008. In the course of hearing of the appeals, both parties agreed to an interim arrangement, as suggested by the Division Bench, without prejudice to the contentions of each other. As per the said interim arrangement, the defendant in C.S.No.203 of 2007 was permitted to change their name as "Chennai Rawther Thalappakattu Biriyani". The appeals were accordingly disposed of on 19.11.2008 wit






















































































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