In win for Delhi’s Carnatic Cafe, court restrains Bengaluru eatery from using trademark
The court also noted that the Bengaluru-based firm had not filed its written statements and submissions within the limited time period
At a Carnatic Cafe in the Capital (Credit: Instagram/carnaticcafeindia) Putting an end to a six year legal tussle, a district court has ruled in favour of the Delhi-based Carnatic Cafe by permanently restraining a Bengaluru-based restaurant from using the mark āCARNATICā for their business, noting that it infringes upon the registered trademark of the cafe.
āThe defendants (Lemonpepper Hospitality), their directors, officers, employees, agents, franchisees, distributors, representatives, assignees and any other persons acting for or on their behalf are permanently restrained from manufacturing, selling, offering for sale, marketing, advertising or rendering any restaurant-related or allied services under the mark āCARNATICā or any other mark, logo, device or domain name identical with or deceptively similar to the plaintiffās (owner of restaurant, Pavan Jambagi) registered trademark āCARNATIC CAFĆ,āā said District Judge (Commercial) Neelam Singh of Saket Court in a October 29 order.
At the same time, the court also restrained the Bengaluru-based firm ā Lemonpepper Hospitality Private Limited ā from using any domain name with āCARNATICā or any āmark deceptively similarā to it. Further, it directed the firm to transfer the domain name to Carnatic Cafe within a month’s time.
ā…this court is satisfied that the plaintiff has successfully established its statutory rights as registered proprietor, its prior and continuous use, the goodwill associated with the mark, and the Defendants unauthorised use of the identical mark āCARNATICā,ā the court said, awarding damages and costs of Rs 60,000 in favour of the restaurant to compensate for the loss of goodwill and reputation.
In December 2018, Carnatic Cafe found out that the Bengaluru-based firm had started operating a business under the name āCARNATICā. This prompted them to move the court in April 2019. While hearing the suit at that time, a Delhi court had passed an ex-parte ad-interim injunction in favour of Carnatic Cafe.
Carnatic Cafe had maintained that the adoption of its mark was without any authority, permission or licence. It argued that the defendant restaurant, which was in the same industry, was fully aware of Carnatic Cafe’s rights and ānevertheless proceeded to adopt the impugned mark with the intention of exploiting the goodwill associated with the plaintiffās brandā.
The court also noted that the Bengaluru-based firm had not filed its written statements and submissions within the limited time period.
Share
