Biryani battle: Court favours Thalappakatti in tussle over name
TIMES NEWS NETWORK 24.04.2018
Chennai : The Madras high court on Monday restrained the Dindigul Thalappakattu restaurant located on the Chennai- Tirupati bypass in Thiruvallur district from using the name after a civil suit was filed against it by the owners of the Thalappakatti Naidu Ananda Vilas Biriyani Hotel in Chennai.
The petitioners, who own the trademark to the brand ‘Thalappakatti’, had won a long-drawn legal tussle five years ago with a chain of biryani kiosks named ‘Thalappakattu’.
Justice C V Karthikeyan granted interim injunction after the petitioners alleged that the restaurant on the Chennai-Tirupati bypass infringed on their trademark and trading style by using an imitation of their trademark.
The counsel for the petitioners submitted that the mark of Thalappakatti Naidu Ananda Vilas Biriyani Hotel had been declared a “well known trademark” by the deputy registrar of trade marks in an order dated September 22, 2010, and further declared that the petitioners are the prior users and adopter of the mark “Thalappakatti”.
The Dindigul Thalappakattu restaurant located on Chennai-Tirupati bypass had commenced adopting identical or deceptively similar trademark and trading style since their inauguration in February 2018, the petition stated, adding that they had adopted the trademark and trading style of “Dindigul Thalappakatti Biriyani”, and also used the same red background on the board to deceive the public .
The Chennai-based entrepreneur signed a memorandum in which he stated that he would not use the name and that he would remove the name from all the 29 outlets of Dindigul Thalappakattu restaurant in the city and Madurai.
TIMES NEWS NETWORK 24.04.2018
Chennai : The Madras high court on Monday restrained the Dindigul Thalappakattu restaurant located on the Chennai- Tirupati bypass in Thiruvallur district from using the name after a civil suit was filed against it by the owners of the Thalappakatti Naidu Ananda Vilas Biriyani Hotel in Chennai.
The petitioners, who own the trademark to the brand ‘Thalappakatti’, had won a long-drawn legal tussle five years ago with a chain of biryani kiosks named ‘Thalappakattu’.
Justice C V Karthikeyan granted interim injunction after the petitioners alleged that the restaurant on the Chennai-Tirupati bypass infringed on their trademark and trading style by using an imitation of their trademark.
The counsel for the petitioners submitted that the mark of Thalappakatti Naidu Ananda Vilas Biriyani Hotel had been declared a “well known trademark” by the deputy registrar of trade marks in an order dated September 22, 2010, and further declared that the petitioners are the prior users and adopter of the mark “Thalappakatti”.
The Dindigul Thalappakattu restaurant located on Chennai-Tirupati bypass had commenced adopting identical or deceptively similar trademark and trading style since their inauguration in February 2018, the petition stated, adding that they had adopted the trademark and trading style of “Dindigul Thalappakatti Biriyani”, and also used the same red background on the board to deceive the public .
The Chennai-based entrepreneur signed a memorandum in which he stated that he would not use the name and that he would remove the name from all the 29 outlets of Dindigul Thalappakattu restaurant in the city and Madurai.
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