CHENNAI HOTEL SARAVANA BHAVAN Vs. HOTEL SARAVANA BHAVAN

JUDGEMENT

(1.) Aggrieved of the order and decree dated 4-8-2004 made in I.A. No.1015 of 2004 in O.S. No.20 of 2004 by the learned V Additional District Judge, Tirupathi, allowing the petition filed under Order 39 Rules 1 and 2 C.P.C. restraining the appellants herein - defendants in the suit, and their men from using the name of Hotel Saravana Bhavan or Chennai Hotel Saravana Bhavan or similar type name to their hotel business at Car Street, Srikalahasti, till the disposal of the suit, the defendants preferred this Civil Miscellaneous Appeal.

(2.) Originally the suit was filed for declaration that the registration of defendant's firm in the name as Saravana Bhavan or Chennai Saravana Bhavan or running hotel business in that name is null and void, inasmuch as it is identical and resembles the name of the plaintiff's firm and tends to cause confusion in the public and damaging the reputation of the plaintiff firm. The plaintiff also sought consequential relief of permanent injunction. It is the case of the plaintiff that they started hotel business at Srikalahasti at D.No.4/39 in the name and style of 'Zen Park' in the month of April, 1998 and subsequently changed its name as "Hotel Saravana Bhavan" as per the proceedings R.C. No.Chittoor/01/1/2364/98-99, issued by Commercial Tax Officer, Srikalahasti. Subsequently, they entered into partnership deed dated 1-1-2001, accordingly, it was registered with the Registrar of Firms bearing No.49/2004 on 15-6-2004 and also made a representation to the Registrar to get the trade mark registered under the Trade Marks Act, 1999 and the Government of India Trade Marks Registry assigned No.12899989. Thus since April, 1998, the plaintiff's firm is doing hotel business under the name and style of Hotel Saravana Bhavan and had been paying taxes and ESI contributions promptly and regularly to the concerned Departments.

(3.) While so, the defendant, on 27-9-2001 inaugurated their hotel business as Swarna Residency and Swarna Restaurant Private Limited, at D.No.4/46 to 49, in Car Street, Srikalahasti, which is just four buildings away from the plaintiff's firm, and in due course of time, having developed eye sore over the prosperity of the plaintiff's business, wanted to start its business in the name and style of Hotel Saravana Bhavan and in furtherance of their desire, suppressing the fact of existence of the plaintiff's business, in the same name and style, at Srikalahasti, stealthily got the firm Registration Certificate as M/s. Hotel Saravana Bhavan on 17-9-2003. It is further submitted that the defendants-appellants wantonly opted the said trade name and to get defame to the plaintiff using the plaintiff's name of the trade name i.e., Hotel Chennai Saravana Bhavan, which is similar to the plaintiff's trade name and thus infringed the Trade Mark with a motive to bring disrepute to the plaintiff firm. It is also averred that the appellants though got the registration certificate as Hotel Saravana Bhavan at D.No.4/46 to 49 stealthily, they are running the trade as Chennai Hotel Saravana Bhavan and put up boards in the name of Chennai Hotel Saravana Bhavan deceptively in the same name of the plaintiff to cause confusion and also proclaimed that they will not allow the plaintiff to run the business in its firm name.