Karaikudi. ‘Amaravathi Restaurants can’t claim monopoly over the mark Karaikudi’

The Madras High Court has ruled that Amaravathi Restaurants Private Limited (applicant) cannot claim monopoly over the mark ‘Karaikudi’, in a trademark infringement case filed against Karaikudi Chettinadu Mess (respondent). Karaikudi is a town in Sivaganga District of Tamil Nadu.

The applicant is the registered proprietor of the word mark ‘Karaikudi’ and device mark ‘Kaaraikudi Chettinad Restaurant’. It contended that it had adopted the trademark Karaikudi in 1989. The applicant and its sister concerns have many restaurants under various marks like Amaravathi, Malgudi, The Dhaba, Amaravathi Bistro, Kabul and Duchess in addition to Kaaraikudi in Chennai.

The respondent is carrying on business adopting the trademark Karaikudi Chettinad Mess in the city and the same has been used for the identical service – restaurant, which amounts to infringement of the registered trademark and passing off of the service.

Claiming that they have statutory protection against infringement, the applicant sought an interim injunction against the respondent for using the trademark and from passing off, pending disposal of the suit.

Justice G Jayachandran in his order on Friday said that the plaintiff does not make out a prima facie case for any protection to its generic mark to grant injunction restraining the defendant/respondent from using the word Karaikudi Chettinad Mess for their hotel.

The device mark registered is for the device displaying in a unique way with ‘AA’ next to ‘K’ in the word Kaaraikudi, which is the name of a place and generic in nature. Whereas the word Karaikudi, a name of the place in Tamil Nadu, is available in public domain and used by several persons at various parts of this State and abroad for identical service and other goods or services.

The mark Karaikudi Chettinad Mess used by the respondent is a combination of a place name and region name, which are closely associated and interchangeable. The word mark Kaaraikudi or Karaikudi is not a coined word or invented word. The device mark Kaaraikudi Chettinad Restaurant unless identical or deceptively similar, cannot be restrained from using by any honest concurrent user. “Hence, the balance of convenience is absolutely not in favour of the applicant,” the Order said.

In the case of marks of geographical origin, there is an absolute ground for refusal of registration. Even in case registration granted, it is prone for cancellation or revocation and in any event, it will not get protection against infringement unless gained secondary meaning, the Order said

In the case in hand, it is not even remotely shown any misrepresentation by the respondent herein to lead the public that the business/service of the respondent is from the business house of the applicant (Amaravathi group).

“Therefore, when the plaintiff cannot claim monopoly over the mark Karaikudi, there is no loss as alleged and there is no case made out by the applicant/plaintiff for interim relief of injunction. Hence, these applications for injunction are dismissed. No order as to costs,” the Order said.

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