A2B alleges trademark breach

Kerala-based restaurant chain restrained from using similar logo

Adyar Ananda Bhavan at Velachery.

Adyar Ananda Bhavan, a Chennai-based sweets and savouries major with an annual turnover of ₹800 crore, has moved the Madras High Court alleging infringement of its trademark by various eateries and restaurants by using the words ‘Ananda Bhavan’ in their names and making their logos appear similar.

Passing interim orders in one of its civil suits, Justice M. Sundar has restrained Chennai Ananda Bhavan, a restaurant chain based in Kerala, from using a logo that appeared identical to the registered trademark of the plaintiff. The interim injunction was granted after finding a prima facie case in favour of the plaintiff.

Though the plaintiff had filed individual suits against Sai Ananda Bhavan, Hotel Ananda Bhavan and others too, the judge chose to pass an ex-parte order only against Chennai Ananda Bhavan after comparing the plaintiff’s trademark with that of the defendant, not by keeping them side by side but through the established principle followed in such cases.

“The established principle is, see the mark of the plaintiff, take it away from the sweep of your eye, thereafter see the alleged offending mark of the defendant a little later and ask yourself the question as to whether a man of average intelligence with ordinary prudence and imperfect recollection will be lulled into the belief that what he is seeing now is what he saw earlier.

“I have no hesitation in saying that the answer is in the affirmative.

‘Same colours’

I hasten to say that this is a prima facie view of this court for the purpose of grant of interim injunction and not to sway further hearing in these applications or in the main suit, all of which will be heard and disposed of independent of prima facie view that has been expressed,” the judge added.

He found that the registered trademark of the plaintiff had the word Adyar aligned to an arch followed by the words Ananda Bhavan written in bold and then the words ‘sweets and snacks.’ The logo of Chennai Ananda Bhavan was identical and used the words ‘pure vegetarian restaurant’ instead of sweets and snacks. It also followed the same colour pattern of blue, yellow and red.

Mr. Justice Sundar further said that the plaintiff had stated to have commenced business as a small confectionary in 1988 before it grew in volume over the years. It had registered its trademark on August 21, 2003 under class 30 (edible goods) of the Trade Marks Act of 1999 and got the registration renewed on August 21, 2013 for a further period of 10 years.

Claiming to have come to know about infringement of its trademark by Chennai Ananda Bhavan only in July this year, the plaintiff said that it immediately issued a cease-and-desist notice. Though the defendant replied to the notice denying the allegations of infringement, the reply was silent about the year in which the defendant had commenced business, the judge pointed out.