Delhi court upholds Carnatic Cafe trademark, restrains Bengaluru firm from using 'Carnatic'

The Saket District Court has permanently restrained a Bengaluru-based firm called Lemonpepper Hospitality Pvt. Ltd. (defendant) and its directors from using the mark “CARNATIC” for their restaurant business, holding that it infringes the registered trademark of Delhi-based 'Carnatic Café' owned by restaurateur Pavan Jambagi (plaintiff)..The order was delivered on October 29 by District Judge (Commercial) Neelam Singh. “The Defendants, their directors, officers, employees, agents, franchisees, distributors, representatives, assignees and any other persons acting for or on their behalf are permanently restrained from manufacturing, selling, offering for sale, marketing, advertising or rendering any restaurant-related or allied services under the mark ‘CARNATIC’ or any other mark, logo, device or domain name identical with or deceptively similar to the plaintiff’s registered trademark “CARNATIC CAFÉ,” the Court ordered..The order was passed on a suit filed in April 2019. The same year, the court had granted an ex-parte ad-interim injunction restraining the defendants from using the name. When the defendants failed to file their written statement (response) on time, their defence was struck off on March 5, 2020. In November 2022, counsel for the defendants filed an affidavit on behalf of Managing Director Sunil Kumar, stating that the injunction had been complied with and undertaking not to use the name “CARNATIC” in future..The court observed that the plaintiff’s case remained unchallenged and that the defendants’ own admission confirmed infringement. “The Plaintiff has successfully established its statutory rights as registered proprietor, its prior and continuous use, the goodwill associated with the mark, and the Defendants unauthorised use of the identical mark ‘CARNATIC’,” the order stated.Applying Order VIII Rule 10 of the Code of Civil Procedure, the judge held that judgment could be pronounced on the basis of the uncontroverted pleadings and documentary evidence. Thus, the interim injunction granted in 2019 was made permanent and the defendants were directed to transfer the domain name www.carnaticrestaurant.com to the plaintiff within four weeks.The Court also awarded damages of ₹50,000 and costs of ₹10,000 in favour of the plaintiff, holding that compensation was necessary in view of the loss to the goodwill and reputation of the plaintiff and the necessity of granting deterrent damages in matters of this nature..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.