M ANEES AHMED Vs. RAJA

JUDGEMENT

(1.) The Plaintiff Ambur Star Briyani is represented by its Proprietor M.Anees Ahmed. In the plaint, M.Anees Ahmed has stated that his great grandfather Hasan Baig was a cook in the kitchen of the Nawabs of Arcot. He became popular and thereafter started his own hotel under the name "AMBUR STAR BRIYANI" in the year 1890. Substantial goodwill was built particularly with respect to the extraordinary quality and unique flavour and taste in the preparation of Briyani. Since Ambur was a commercial business centre and also transit point for Bangalore, Tirupati, Salem, Pondicherry and Chennai, the hotel Ambur Star Briyani acquired extensive popularity. Mr.Hasan baig died in the year 1934 and thereafter, the business was conducted by his son Khursheed. He died in the year 1981. Thereafter, his son-in-law Nazeer Ahmed continued the business. The plaintiff is a son of Nazeer Ahmed. He has a brother Muneer Ahmed. The hotel Ambur Star Briyani has been under the control of the family of the plaintiff from 1890. Branches have been opened at Ambur, Coimbatore, Bangalore, Madurai, Trichy, Salem, Ulundurpet, Perundurai, Sankagiri, Soolagiri, Pondicherry, Hosur, Vaniymbadi, Kahnchipuram and 12 restaurants in Chennai. It also has a branch in UAE. The popularity is so vast that it had also been referred in several Tamil feature films. The plaintiff also registered the Trade Mark Ambur Star Briyani on 01.08.2018.

(2.) The grievance of the plaintiff is that the defendant had started a hotel business on 27.10.2019 under the name "DINDIGUL STAR BRIYANI". It is claimed by the plaintiff that the defendant is attempting to deceive the general public that the hotel Dindigul Star Briyani is actually part of the business of Ambur Star Briyani. Even the red sofa/chair and white table has also been copies by the defendant.

(3.) The plaintiff had raised an apprehension that the hard earned reputation would be spoiled by the substandard food served by the defendant. It is in view of these facts that the plaintiff had filed the suit seeking the relief of permanent injunction to protect the Trade Mark and trading style "AMBUR STAR BRIYANI" and also seeking accounts of profits and to surrender the stock of unused offending goods and also for costs of the suit.