BALKRISHNA HATCHERIES Vs. NANDOS INTERNATIONAL LTD

JUDGEMENT

(1.) This is as an action for infringement and passing off. The action for infringement is in respect of the Plaintiffs registered tradermark, consisting of the word "Nandu's" written in a stylised manner and the device of a cockerel enclosed in a hat shaped outline. The word "Nandu's" is an essential feature of the trademark.

(2.) The suit is filed to prevent infringement and passing off by the Defendants by using the mark "Nandos" as a part of their trademark, Defendant No. 1 is a company incorporated under the laws of lreland. Defendant No. 2. Nando's Indage Restaurants Private Limited, is a franchisee.

(3.) The Plaintiffs were formed on 1st July, 1977. One P.S. Nandakumar was the managing partner. Prior thereto, the said Nandakumar was carrying on poultry business in India from 1967, in the firm name and style of Komarla Poultry Farm. The Plaintiff's case is that the said Nandakumar was popularly known as Nandu not only amongst the members of his family but also by his business associates. Since 1st July, 1977, the Plaintiffs started carrying on business which was referred to as "Nandu's business" by the traders and members of the public. The business in course of time extended to manufacturing and marketing processed and frozen chicken and meat products such as chicken kebabs, chicken nuggets, fried chicken, boneless chicken, chicken legs and other varieties of chicken products as well as meat pies, meat tenderisers and in respect of the said business, the Plaintiffs adopted the said trademark. The same was registered on 4th July, 1989, under Class 29 to the Schedule to the Trade Marks Rules in respect of processed and frozen meat products falling Class 29. The registration is valid and subsisting.