M KUMAARAVEL Vs. BALASUBRAMANIAM

JUDGEMENT

(1.) This suit has been filed by the plaintiffs claiming that they are one of the leading entities in Hotel and Restaurant services and are carrying on business in the name and style 'Madras Coffee House'.

(2.) It is further submitted by the plaintiffs that they have applied for registration of Trademark 'Madras Coffee House' and the same is pending. Pending registration of the Trademark, it is alleged by the plaintiffs that defendants have been passing off the plaintiffs' service by using the name 'Madras Coffee House - Ashok Nagar' or 'Ashok Nagar Madras Coffee House'. In sum and substance, this is a suit alleging passing off.

(3.) Pending suit, an interlocutory application inter-alia seeking a restraint order qua alleged passing off by defendants has been moved by the plaintiffs and an order of ex-parte injunction was granted on 1.9.2017 by this Court. The injunction is operating until today.