ADIGAS ABHIRUCHI Vs. ADIGAS FAST FOOD

JUDGEMENT

(1.) The respondent herein is the plaintiff in O.S. No. 15261/2006. The plaintiff approached the Court below in the said suit seeking for a Judgment and decree of permanent injunction restraining the defendants and persons claiming under them from in any manner infringing the plaintiff's well established trade mark 'ADIGA'S' or any other trade mark or trading style which would be deceptively similar to the plaintiff's trade mark/trading style using the offending trade name 'ADIGA'S ABHIRUCHI' or any other deceptively similar trade name. Further ancillary reliefs with regard to passing off the said trade name is also prayed in the said suit. Along with the suit, the plaintiff also filed IA-I under Order 39 Rules 1 and 2 of CPC praying to restrain the defendants and persons claiming under them from infringing the trade mark 'ADIGA'S' in respect of running vegetarian Hotel, restaurant and lodge.

(2.) The defendants on being notified of the suit have appeared and disputed the claim of the plaintiff made both in the plaint as well as in the application for temporary injunction and sought to justify their action of carrying on the business in the trade name as 'N.K. ADIGAS ABHIRUCHI'. The Court below, after considering the rival contentions has allowed IA-I filed by the plaintiff by restraining the defendants in the manner prayed for by its order dated 13.9.2006. The defendants being aggrieved by the said order dated 13.9.2006 have impugned the same in this appeal.

(3.) The parties would be referred to in the same rank assigned to them in the Court below for the purpose of clarity.