CHENNAI: The Madras High Court restrained a hotel group from using the registered trademark [TM] of ‘Ambur Star Briyani.’
Trademark Petition Seeking Injunction:
In his petition, M Anees Ahmed, the proprietor of ‘Ambur Star Briyani,’ sought an injunction restraining the ‘Original Star’ Briyani from infringing the registered trademark of Ambur Star Briyani. He also sought an injunction restraining them from passing off their products/services as that of the ‘Ambur Star Briyani’ by adopting a deceptively similar TM.
Claim of Ancestral Business:
The counsel representing the plaintiff contended that the applicant and their ancestors have been engaged in the hotel business in the name and style of ‘Ambur Star Briyani’ since the year 1890 and acquired enormous popularity.
Argument of Irreparable Loss:
“The applicant came to know that the respondent is planning to commence the hotel business in the name of ‘Original Star Briyani’ and if the respondent is allowed to adopt the TM which is deceptively similar to the registered trademark of the applicant, it would cause irreparable loss and hardship to the applicant,” he argued.
Trademark Court Proceedings:
Hearing the petition, Justice S Sounthar directed the defendant ‘Original Star Briyani‘ to respond and adjourned the hearing to July 12, 2023.
Key Points:
- In his petition, M Anees Ahmed, the proprietor of ‘Ambur Star Briyani,’ sought an injunction restraining the ‘Original Star’ Briyani from infringing the registered trademark of Ambur Star Briyani.
- The counsel representing the plaintiff contended that the applicant and their ancestors have been engaged in the hotel business in the name and style of ‘Ambur Star Briyani’ since the year 1890 and acquired enormous popularity.
- “The applicant came to know that the respondent is planning to commence the hotel business in the name of ‘Original Star Briyani’ and if the respondent is allowed to adopt the TM which is deceptively similar to the registered trademark of the applicant, it would cause irreparable loss and hardship to the applicant,” he argued.
- Hearing the petition, Justice S Sounthar directed the defendant ‘Original Star Briyani’ to respond and adjourned the hearing to July 12, 2023.
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