2015 (4) ABR 272

Bombay High Court

Hon'ble Judge(s): G. S. Patel , J

( A ) Trade Marks Act, 1999 S. 29 — Infringement of registered trade mark — Passing off action — Injunction — Plaintiff using mark “Cafe Madras” for their restaurant since 1951 — It was registered in class 42 and class 16 — Material on record showing that reputation and goodwill of plaintiffs were considerable and firmly established — Their eatery had won large number of awards — Defendant starting restaurant in Jalgaon with similar name — Mark of defendant on device of banana leaf was deceptively similar to mark of plaintiff — Reputation and good will of plaintiff was not localised — There were write ups in several popular magazines of a wide public circulation regarding quality of food and service at restaurant of plaintiffs — This material constituted sufficient prima facie evidence of prior use by plaintiffs and of extent of their reputation and goodwill — Damages caused to reputation of plaintiff was shown by fact that dead rat was found in food served in restaurant of defendant — Deception and confusion in minds of customers was inevitable due to use of deceptively similar mark by defendant — Plaintiffs making out strong prima facie case — Balance of convenience was in their favour — Damage was caused to plaintiffs by use of mark by defendant established — Plaintiff entitled to relief claimed . (Paras45 to 485661).....