AMARAVATHI ENTERPRISES Vs. KARAIKUDI CHETTINADU

JUDGEMENT

(1.) Thc unsuccessful petitioner in O.A. Nos. 775 and 776 of 2007 in C.S.No.559 of 2007 is the appellant in these appeals.

(2.) The appellant herein as plaintiff filed C.S. No. 559 of 2007 against the respondent herein for a judgment and decree of permanent injunction restraining the respondent herein from in any manner using or otherwise dealing with the trade mark "KARAIKUDI CHETTINADU RESTAURANT" amounting to infringement of the appellant's registered trade mark "KAARAIKUDI CHETTINAD RESTAURANT" under No. 615430 in class 29; "KARAIKUDI" under Nos. 615442 in class 32, No. 61551 in class 31 and "KAARAIKUDI CHETTINAD RESTAURANT" under No. 1268034 in class 42 or in any other manner whatsoever and also for a decree of permanent injunction to restrain the respondent from advertising or otherwise dealing with the trade mark/trade name "KARAIKUDI CHETTINADU RESTAURANT" and thereby passing off their products, services and business of the appellant or in any other manner whatsoever and for payment of a sum of Rs. 10,05,000 as damages for continuing infringement of trademarks and passing off its products as and for the appellant's product and services and to order the respondent to surrender to the appellant for destruction, name boards, invoices/bills, prints, dies, blocks, moulds and plates, screen prints, packing and advertising material and other material in the respondent's possession, which bears the trade mark/trade name "KARAIKUDI CHETTINADU RESTAURANT" and for a preliminary decree directing the respondent to render accounts of profits made by use of identical trade mark/trade name "KARAIKUDI CHETTINADU RESTAURANT".

(3.) The appellant also filed two interlocutory applications in O.A. Nos. 775 and 776 of 2007 alongwith the suit for an interim injunction restraining .the respondent from in any manner using the trade mark "KARAIKUDI CHETTINADU RESTAURANT" amounting to infringement of the appellant's registered trade marks "KAARAIKUDI CHETTINAD RESTAURANT" under No. 615430 in class 29; "KARAIKUDI" under Nos. 615442 in class 32, 61551 in class 31 and "KAARAIKUDI CHETTINAD RESTAURANT" under No. 1268034 in class 42 or in any other manner whatsoever pending disposal of the suit (O.A. No. 775 of 2007) and for an injunction restraining the respondent from advertising or otherwise dealing with the trade mark "KARAIKUDI CHETTINADU RESTAURANT" and thereby passing off their products, services and business as and for the products, services and business of the appellant. (O.A.No. 776 of 2007).