HC restrains Kerala-based hotels from using word ‘Thalapakkatti’

CHENNAI: The Madras High Court had restrained a Kerala-based biryani hotel from using the word Thalappakatti for its products and others since TN’s familiar Thalappakatti biryani alleged that the hotel chain having its headquarters in Thiruvananthapuram is involved in the trademark infringement.

Justice Senthilkumar Ramamoorthy passed the direction on hearing the two suits filed by Thalappakatti Hotels Private Limited – the company which has been running the Dindigul Thalapakatti biryani restaurant chain in TN and other states.

The judge passed the interim injunction against the Kerala hotel on the ground that the applicant hotel company informed that it possesses the registration certificates issued to the applicant in respect of the marks “THALAPPAKATTI BIRIYANI HOTEL” and “THALAPAKATTI”.

The applicant’s counsel Vijayan Subramaniam submitted that the said marks have been in use by the applicant since the year 1957 and the mark has been protected diligently by initiating actions whenever infringement was noticed.

Recording the submissions, the judge held that on examining the documents, a prima facie case was made out. “Accordingly, orders of ad interim injunction as prayed for in these two applications are issued for a period of three weeks from the date of receipt of a copy of this order, ” the HC noted.

The court also issued notice to the respondent hotel named Ummachi Tharavadu Thalappakkatti Biriyani directing the hotel to file its response on August 5.