HC stops hotel from using ‘Thalappakatti’ trademark
Chennai:4.5.2019
In a reprieve to ‘Dindigul Thalappakatti’ chain of restaurants, the Madras high court has restrained ‘Star Thalappakatti Briyani Hotels’ from using the trademark ‘Thalappalatti’ until further orders.
Justice S Vaidyanathan granted the interim relief on an application moved by Thalappakatti Naidu Anandha Vilas Biriyani Hotel – group that owns the Thalappakatti chain of restaurants – alleging trademark infringement by Star Thalappakatti Briyani Hotels.
According to the petitioner, in 1957, P Nagasamy Naidu alias Thalappakatti Naidu, the grandfather of the applicant, commenced hotel business specialising in biriyani, at Dindigul. Since he sported a thalapa (head gear), he was referred to as Thalappakatti Naidu and the hotel was named after him as “Thalappakatti Naidu Anandha Vilas Biriyani Hotel”. “There is extensive patronage by the public for the products prepared and served in their restaurants and hotels. The trademark and trading style Thalappakatti Biriyani Hotel has acquired the secondary meaning to denote and connote the product of the petitioner, which assures to the public a unique taste and standard in the food preparations,” the petitioner added.
Vijayan Subramanian, petitioner’s counsel, alleged that some unscrupulous traders are now resorting to adopt the trademark and trading style “Thalappakatti” or “Thalapakattu” for their hotels and restaurant business. Claiming that Star Thalappakatti Briyani Hotels is one such infringer, the petitioner has moved the court. TNN
Chennai:4.5.2019
In a reprieve to ‘Dindigul Thalappakatti’ chain of restaurants, the Madras high court has restrained ‘Star Thalappakatti Briyani Hotels’ from using the trademark ‘Thalappalatti’ until further orders.
Justice S Vaidyanathan granted the interim relief on an application moved by Thalappakatti Naidu Anandha Vilas Biriyani Hotel – group that owns the Thalappakatti chain of restaurants – alleging trademark infringement by Star Thalappakatti Briyani Hotels.
According to the petitioner, in 1957, P Nagasamy Naidu alias Thalappakatti Naidu, the grandfather of the applicant, commenced hotel business specialising in biriyani, at Dindigul. Since he sported a thalapa (head gear), he was referred to as Thalappakatti Naidu and the hotel was named after him as “Thalappakatti Naidu Anandha Vilas Biriyani Hotel”. “There is extensive patronage by the public for the products prepared and served in their restaurants and hotels. The trademark and trading style Thalappakatti Biriyani Hotel has acquired the secondary meaning to denote and connote the product of the petitioner, which assures to the public a unique taste and standard in the food preparations,” the petitioner added.
Vijayan Subramanian, petitioner’s counsel, alleged that some unscrupulous traders are now resorting to adopt the trademark and trading style “Thalappakatti” or “Thalapakattu” for their hotels and restaurant business. Claiming that Star Thalappakatti Briyani Hotels is one such infringer, the petitioner has moved the court. TNN
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