C.S.No.318 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2019

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

C.S. (Com.Div.) No.318 of 2019

M/s.Thalappakatti Naidu Anandha Vilas Biriyani Hotel,

represented by its partner D.Nagasamy,

having its branch office at Flat no.B3,

New No.17, Old no.18A,

11th Street, Nandanam extension,

Chennai 600 035.

... Plaintiff

..Vs..

TAJ THALAPAKATTU BIRIYANI

No.224, Trunk Road,

Opposite to Panayathammankovil

Poonamallee, Chennai 600 056.

... Defendant

Plaint filed under Order VII, Rule 1 of CPC Read with Order IV

Rule 1 of High Court O.S.Rules and Sections 134 and 135 of the

Trade Marks Act, 1999 praying for:

(a) Granting a permanent injunction restraining

the Defendant, their men, servants, agents or anyone

claiming through or under them from in any manner

infringing the Plaintiff Trade Mark and Trading Style

"Thalappakatti Biriyani Hotel" by using the offending

Trade Mark and Trading style "Thalapakattu" or any

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C.S.No.318 of 2019

other mark or marks which are similar or in any way

deceptively similar to or a colourable imitation of the

Plaintiffs Trade Mark "Thalappakatti Biriyani Hotel".

(b) Granting a permanent injunction restraining

the Defendant, their men, servants, agents or anyone

claiming through or under them from in any manner

passing off the Plaintiff Trade Mark and Trading style

"Thalappakatti Biriyani hotel" by using the offending

Trade Mark and Trading Style "Thalapakattu" or any

other mark or marks which are similar or in any way

deceptively similar to or a colourable imitation of the

Plaintiffs Trade Mark "Thalappakatti Biriyani hotel".

(c) Directing the defendant to render a true and

faithful account of the profits earned by them through

the sale of food products bearing the offending trade

mark "Thalapakattu" and directing payment of such

profits to the Plaintiff by way of damages for Infringment

committed by the Defendant.

(d) Directing the defendant to surrender to Plaintiff

the entire stock of unused offending goods with Trade

Mark "Thalapakattu" with name boards, labels,

wrappers, boxes, covers, bags, packets, cartons, bills,

advertisements, materials, reports, envelops, brochures,

printing blocks, etc., bearing the offending Trademark

for destruction;

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C.S.No.318 of 2019

(e) Directing to the defendant to pay the Plaintiff

the costs of the suit.

For Plaintiff

: Mr.Vijayan Subramanian

Defendant

: Sole Defendant set exparte

J U D G M E N T

This suit has been filed praying seeking for the following

reliefs:

(a) For a permanent injunction restraining the

Defendant, their men, servants, agents or anyone

claiming through or under them from in any manner

infringing the Plaintiff Trade Mark and Trading Style

"Thalappakatti Biriyani Hotel" by using the offending

Trade Mark and Trading style "Thalapakattu" or any

other mark or marks which are similar or in any way

deceptively similar to or a colourable imitation of the

Plaintiffs Trade Mark "Thalappakatti Biriyani Hotel".

(b) For a permanent injunction restraining the

Defendant, their men, servants, agents or anyone

claiming through or under them from in any manner

passing off the Plaintiff Trade Mark and Trading style

"Thalappakatti Biriyani hotel" by using the offending

Trade Mark and Trading Style "Thalapakattu" or any

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C.S.No.318 of 2019

other mark or mar