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New Delhi: A court has restrained a Bengaluru restaurant from using the name 'Carnatic,' saying it was deceptively similar to the mark of Delhi-based Carnatic Cafe, said media reports. District Judge Neelam Singh was hearing a trademark infringement suit filed by the owner of Carnatic Cafe against the Bengaluru restaurant of Lemonpepper Hospitality Pvt Ltd and its directors. In an order dated October 29, the court said, "The plaintiff (owner) has successfully established infringement of its registered trademark 'Carnatic Cafe' as well as the acts of passing off and unfair trade practice carried out by the defendants (Lemonpepper)." It restrained the company's employees or agents from manufacturing, selling, offering for sale, marketing, advertising or rendering any restaurant-related or allied services under the mark 'Carnatic' or using any other mark, logo, device or domain name identical with or deceptively similar to Carnatic Cafe, as per news agency PTI. Also Read: Delhi Enters Red Zone: Vehicle Bans, Office Shifts, Parking Hikes Among New Curbs - Check Details "The Defendants are further restrained from using the domain name www.carnaticrestaurant.com or any other domain name incorporating the mark Carnatic, the court said. It granted Rs 50,000 to the owner of Carnatic Cafe as compensatory and deterrent damages, along with Rs 10,000 as case costs. What Happened? In December 2018, Carnatic Cafe discovered that a Bengaluru-based restaurant had started using the name “Carnatic” for its business. Believing this was a misuse of its brand name, Carnatic Cafe filed a lawsuit in April 2019, according to the Indian Express. When the case was first heard, a Delhi court quickly issued an interim order (called an ex-parte ad-interim injunction) in favor of Carnatic Cafe. This meant that the Bengaluru restaurant was temporarily stopped from using the name until the case was fully decided. Carnatic Cafe argued that the Bengaluru restaurant had no permission or legal right to use its name. It claimed that the other restaurant, being in the same industry, knew about Carnatic Cafe’s brand and reputation but still chose to use the same name to benefit from its goodwill. The court also pointed out that the Bengaluru company failed to submit its written response or arguments within the time allowed, which weakened its case even further. Get Latest News Live on Times Now along with Breaking News and Top Headlines from Delhi and around the world.
