2024 Supreme(Online)(MAD) 7891

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.02.2024 CORAM THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S. (Comm.Div.) No.160 of 2023

1.A.D.Padmasingh Isaac

2.M/s.Aachi Masala Foods Private Limited, Represented by its Director

3.M/s.Flora Foods, Represented by its Partner Thelma Isaac .. Plaintiffs -vs-

1.Karaikudi Aachi Biriyani Mandi, Tamil Nadu.

2.Zomato Limited, Chennai – 600 003.

3.Swiggy India,Chennai – 600 034. .. Defendants Plaint filed under Order IV, Rule 1 of the Original Side Rules and Order VII, Rule 1 of the C.P.C. read with Sections 27(2), 29, 134 and 135 of the Trademarks Act, 1999 prays for a judgment and decree for a)granting a permanent injunction, restraining the first defendant, by himself, his servants, agents, distributors or anyone claiming through him from manufacturing, selling, advertising and offering for sale or providing services using the name 'KARAIKUDI AACHI BRIYANI MANDI' or any other similar Trade Mark name or similar sounding expression in any media, websites, online trade, mobile applications and use the same in name board, invoices, letter heads and visiting cards or by using any other trade mark/ name which is in any way visually or deceptively or phonetically similar to the first plaintiff's trade mark/name AACHI/AACHI CHETTINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN and use the same in pouches, packets or use the mark in invoices, letter heads, visiting cards, websites, online trade, mobile applications and internet advertising or part of their restaurant name any other trade literature or Menu card by using any other trade mark which is in any way visually or phonetically similar to the plaintiffs' registered Trade Mark Nos.838786, 1116254, 1479159, 1715718, 2965624, 5275581, 5274680 & 5446987 or in any manner infringing the first plaintiff's registered Trade Marks referred herein;

b)granting a permanent injunction restraining the firstdefendant by itself, its agents or servants or anyone claiming through or under him any business marketing, selling advertising using in trade literature, menu cards, invoices, name boards, websites, online trade, mobile applications, Internet advertisements the mark/name 'KARAIKUDI AACHI BRIYANI MANDI' in relation to the Restaurant or with respect to or any other food preparation or on any other business the impugned trademark/name which is in any manner deceptively or phonetically confusingly similar to the plaintiffs Trade Mark/name AACHI/AACHI CHETTINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN or in any other manner pass off their hotel, business or goods as and for that of the plaintiffs;

c)mandatory injunction directing the second and thirddefendants to remove or take down the name and details of the first defendant in the following impugned links:

https://www.zomato.com/chennai/karaikudi-aachi-briyani-mandi-

anna-nagar-west https://www.swiggy.com/restaurants/karaikudi-aachi-briyani-mandi-

mogappair-anna-nagar-west-extension-chennai-353063, from the local searches of the 2nd & 3rd defendants’ online databases, web and mobile application reflecting the infringing name ‘KARAIKUDI AACHI BRIYANI MANDI' in relation to the Restaurant services or with respect to any other food preparation or on any othersimilar business or providing information, menus and user reviews pertaining to such Restaurant services or with respect to any other food preparation or on any other similar business in any manner so as to cause confusion to the public with respect to the Plaintiffs’ Trade Mark/name AACHI/AACHI CHETTINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN;

d)directing the Defendants to surrender to the Plaintiffs all the packing material, cartons, advertisement materials and hoardings, letter- heads, visiting cards, office stationery and all other materials containing/ bearing the name 'KARAIKUDI AACHI BRIYANI MANDI’ or other identical trade mark used in the pouches and packets bearing the word AACHI/AACHI CHETINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN;

e)directing the Defendants to render an account of profits made by them by the use of the impugned trademark 'KARAIKUDI AACHI BRIYANI MANDI' on the service referred and decree the suit for the profits found to have been made by the Defendants, after the Defendants has rendered accounts;

f)directing the Defendants to pay to the plaintiffs the costs of the suit.

For Plaintiffs : Mr.C.Daniel For Defendants : No appearance