SHANTAPA Vs. ANNA

JUDGEMENT

(1.) Appellant and Respondent have locked horns over use of the tradename 'Anna' for operating their respective eateries serving south Indian delicacies. The word 'Anna' may otherwise sound to be generic, used in many parts of the country, especially in the southern states, to address an elder brother or a person in position of brotherly affection or someone older. However, since the word 'Anna' is largely associated with southern India, there appears to be growing tendency to name eateries serving idli, dosas and other south Indian delicacies with the word 'Anna'. This appears to be the reason why Plaintiff and Defendant claim exclusivity in the name 'Anna' by registering their respective trademarks. Plaintiff owns registered trademarks 'ANNA IDLI GRUHA', and whereas Defendant is the owner of registered trademark. Appellant/Plaintiff, an admitted prior user, seeks restraint order against Respondent/Defendant from using the mark for operating his restaurant in Pune, contending that use of the Mark amounts not only to infringement of Plaintiff's trademarks, but also passing off.

(2.) The Appeal is filed challenging the Order dtd. 30/1/2022 passed by the District Judge-4, Pune rejecting the application at Exhibit-5 filed for grant of temporary injunction in the suit instituted by the Appellant-Plaintiff. In the application at Exhibit-5, AppellantPlaintiff sought to temporarily restrain the Defendant from interfering, marketing, advertising and selling products or services under the trademark "Anna" identical, phonetically confusing or deceptively similar to Plaintiff's registered trademark 'Anna Idli' and to further restrain the Defendant from infringing Plaintiff's trademark or passing off products and service under Plaintiff's trademark.

(3.) Facts of the case, as captured from pleadings filed by the parties before the Trial Court, are that Plaintiff is a proprietary concern engaged inter alia in the business of providing services relating to manufacturing, marketing and serving of food products under the mark 'ANNA IDLI GRUHA', and etc. He claims use of the trademark/device mark of since 20/9/2011 under which mark, he has been manufacturing, marketing and serving various types of Idlis, Dosas and other South-Indian food products. Plaintiff filed applications for registration of trademarks/device marks of 'Anna Idli Gruha' and 'Anna Idli' under the provisions of the Trademarks Act, 1999 and that the Trademarks Registry has issued Certificates for trademark/device mark of 'ANNA IDLI GRUHA', and in Plaintiff's favour and this is how Plaintiff claims to be the registered proprietor of those trademarks/device marks.