AYNGARAN COFFEE Vs. K.VIJAYAN

JUDGEMENT

(1.) The suit has been filed by the plaintiff for the relief of permanent injunction and such other reliefs more fully described in the prayer portion of this judgment.

(2.) Learned counsel for the plaintiff has submitted that the plaintiff is engaged in the business of manufacture, marketing, preparation and selling of traditional Kumbakonam coffee, tea and other hot beverages under the trademark "KUMBAKONAM AYNGARAN COFFEE"? written in Tamil language. The plaintiff has started its first shop/business on 19.01.2014 in Kumbakonam under the trademark "KUMBAKONAM AYNGARAN COFFEE"?. The plaintiff with its hard work and sheer effort has started its business in various other places in Tamilnadu such as Mannargudi, Thanjavur, Chennai etc. At present, the plaintiff have over 35 Nos. of shops/business in Mannargudi, Thanjavur and Chennai. The plaintiff is the first to adopt the said trademark for the said business honestly and is continuing to use the same with out any interruption and commercial break. The plaintiff has been using the said trademark till date continuously since 2014.

(3.) It is further submitted that the plaintiff has spent over Rs.10 lakh on advertisement and promotion of its business under the trademark "Kumbakonam Ayngaran Coffee"?. The annual sales turnover of the plaintiff is increasing year after year. The plaintiff has put in lots of money, effort and man power in developing its business under the trademark "Kumbakonam Ayngaran Coffee"?. In order to protect its brand, trademark, the plaintiff has applied and obtained the trademark Registration under No.2672510 in class 30 and has filed various other applications in order to protect the trademark "KUMBAKONAM AYNGARAN COFFEE"? under the Trademark Act, 1999 and Copyright Act, 1957.