Chennai: The Madras high court has restrained Dindigul Star Biriyani from in any manner infringing the trade mark and trading style “Ambur Star Biriyani” by using the offending trade mark and trading style “Star Biriyani” or any other mark which are similar to the trade mark “Ambur Star Biriyani”.
Justice N.Satish Kumar granted the interim injunction on an application arising out of a suit filed by M.Anees Ahmed, represented by its proprietor, M/s Ambur Star Biriyani.
Applicant's counsel Vijayan Subramanian submitted that originally the great-grand father of the plaintiff late Hasain Baig was a cook in the kitchens of the Arcot Nawabs. His great grandfather was a well-known cook during Nawabs period. His great grandfather got very popular while cooking for royal family wedding of Nawabs and he became very popular among various kings who attended the royal family weddings of the Nawabs. His great grandfather started his own hotel under the name of “Ambur Star Biriyani” in the year 1890 at Ambur. After his demise, the plaintiff's predecessors continued the business in the name of Ambur Star Biriyani all over the world. The food preparations made and served in Ambur Star Biriyani hotel has acquired enormous popularity through out Tamil Nadu and other states by virtue of extensive tourist flow through Ambur Town as it was the transit point for Bangalore, Tirupati, Salem, Pondicherry and Chennai, Vijayan Subramanian added.
He said the trademark and trading style Ambur Star Biriyani was being associated exclusively with the original business commenced by the plaintiff predecessors at Ambur and subsequently extended to other cities in Tamil Nadu by the plaintiff. The trading style and trade mark Star Biriyani was being exclusively associated with the plaintiff and their predecessors. While so, Raja, represented by its proprietor, Dindigul Star Biriyani had approached the plaintiff and requested for a franchise to run the hotel named Ambur Star Biriyani during August 2019. The plaintiff refused to grant franchise to run the hotel named Ambur Star Biriyani. The defendant had commenced adopting identical trademark and trading style “Star Biriyani” in respect of their hotel business on October 27, 2019 by adding Dindigul to the prefix to the mark Star Biriyani and named it as “Dindigul Star Biriyani”. The defendant has adopted the identical trademark and trading style to deceive the general public and to make them believe the food preparations served at their place has the connection with plaintiff's hotel. If the defendant was allowed to continue the illegal acts in adopting the plaintiff's trade mark and trading style and vend food preparations under the offending trade mark, the plaintiff would be put to very serious loss, hardship and injury. Apart from the loss that was being caused, the plaintiff also fears that well earned reputation would be spoiled by the substandard food being served at the defendant's business premises, Vijayan Subramanian added....