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Madras high court vacates its order pertaining to Kasi group

Originally, on an application arising out of a suit filed by Palson Enterprises, the judge had on March 19 granted the interim injunction.

Chennai: The Madras high court has vacated its earlier interim order, which restrained the Kasi Group of Companies from using the mark 'Kasi' for its 'Kasi Talkies'.

Passing orders on the applications filed by Kasi Group of Companies, Justice S.Vaidyanathan said the interim orders of injunction granted by this court on March 19, 2019, are vacated only on the score that the Palson Enterprises represented by its partner P. K. Subramaniam, has slept over the matter for eight months and allowed Kasi Talkies to run, despite having knowledge about the commencement of Kasi Talkies for which invitation has been received by him. It is made clear that in case, Subramaniam succeeds in the suit, it may entitle him the benefits of using the term "Kasi" but also damages, the judge added.

Originally, on an application arising out of a suit filed by Palson Enterprises, the judge had on March 19 granted the interim injunction. Aggrieved, Kasi Group of Companies filed the present applications. According to the applicant, during the year 1984 to 1985, he had constructed a theatre in the land situated in Kasi Estate and he named the theatre as 'Kasi' theatre in memory of his father. He developed the said theatre into a prominent Cinema Hall in Chennai and had been successfully running the business. While so, in the year 2002, due to financial instability, he was constrained to sell the land and theatre building alone to Palson Enterprises. Though he had been repeatedly advising Palson Enterprises, to change the name of the theatre, it was evading his request and had been operating the theatre under the name 'Kasi'. Merely because, Palson Enterprises had registered the mark 'Kasi' under the Trademark Act, it cannot claim absolute ownership of the mark, as the same was the family surname of the applicant and was a generic term. Meanwhile, he developed 'Kasi Talkies'. However, six to seven months from the date of inception of 'Kasi Talkies', Palson Enterprises filed the present suit and obtained an interim order, he added.

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