Hotel restricted from using Ambur Star biryani trademark
He also sought an injunction restraining them from passing off their products/services as that of the ‘Ambur Star Briyani’ by adopting a deceptively similar trademark.
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CHENNAI: The Madras High Court restrained a hotel group from using the registered trademark of ‘Ambur Star Briyani.’ (sic)
In his petition, M Anees Ahmed, the proprietor of ‘Ambur Star Briyani,’ sought an injunction restraining the ‘Original Star’ Briyani from infringing the registered trademark of Ambur Star Briyani. He also sought an injunction restraining them from passing off their products/services as that of the ‘Ambur Star Briyani’ by adopting a deceptively similar trademark.
The counsel representing the plaintiff contended that the applicant and their ancestors have been engaged in the hotel business in the name and style of ‘Ambur Star Briyani’ from the year 1890 and acquired enormous popularity.
“The applicant came to know that the respondent is planning to commence the hotel business in the name of ‘Original Star Briyani’ and if the respondent is allowed to adopt the trademark which is deceptively similar to the registered trademark of the applicant, it would cause irreparable loss and hardship to the applicant,” he argued.
Hearing the petition, Justice S Sounthar directed the defendant ‘Original Star Briyani’ to respond and adjourned the hearing to July 12.
