[8/19, 15:34] Sekarreporter1: HIGH COURT GRANTS INJUNCTION FROM USING THE TRADEMARK SULTHAN’S BIRIYANI. Paulsons are the registered Trademark holder of the Trade Mark SULTHAN’S BIRIYANI. Paulsons has filed the case through his lawyer Vijayan Subramanian Justice Senthil kumar [8/19, 15:34] Sekarreporter1: Vijayan Subramanian appeared for the brand SULTHAN’S BIRIYANI
O.A.Nos.476, 477 of 2022
O.A.Nos.476, 477 of 2022 in C.S.(Comm.Div.) No.156 of 2022
SENTHILKUMAR RAMAMOORTHY, J.
In a suit for alleged trademark infringement and passing off, the
plaintiff has presented two original applications seeking orders of interim injunction. The plaintiff submits that the mark “SULTHAN’S BIRIYANI” has been used by the plaintiff for more than four years in relation to its restaurant business. By drawing reference to the registration certificate and legal user certificate, it is submitted that word mark registration was obtained in class 43 and that such registration is valid until 01.06.2027. By referring to the impugned mark at pages 25 and 26 of the typed set of papers, learned counsel points out that the font used in the device on the defendant’s name board is identical to the font used in the plaintiff’s mark.
- Upon examining the material documents, I find that a prima facie
case is made out, particularly, on the basis of the impugned mark “SULTHAN VANIYAMBADI BIRYANI” of the defendant. Accordingly, orders of ad
interim injunction as prayed for in these original applications are granted for a period of three weeks from the date of receipt of a copy of this order. Issue
https://www.mhc.tn.gov.in/judis
1/2
O.A.Nos.476, 477 of 2022
SENTHILKUMAR RAMAMOORTHY, J.
rna Notice to the respondent returnable on 06.09.2022. Private Notice is also permitted. The applicant shall comply with Order XXXIX Rule 3 CPC.
- List the matter on 06.09.2022.
16.08.2022
rna
O.A.Nos.476, 477 of 2022
in C.S.(Comm.Div.) No.156 of 2022
https://www.mhc.tn.gov.in/judis
2/2
