Defendants permanently restrained from using 'Carnatic' name; Delhi court rules in favour of cafe: Court

The plaintiff has successfully established infringement of its registered trademark 'Carnatic Cafe'," observed District Judge (Commercial) Neelam Singh of Saket Courts, while ruling in favour of restaurateur Pavan Jambagi in his trademark infringement suit against Lemonpepper Hospitality Pvt. Ltd. and its directors.

The plaintiff has successfully established infringement of its registered trademark 'Carnatic Cafe'," observed District Judge (Commercial) Neelam Singh of Saket Courts, while ruling in favour of restaurateur Pavan Jambagi in his trademark infringement suit against Lemonpepper Hospitality Pvt Ltd. and its directors. The court held that the Bengaluru-based defendants had "dishonestly and deliberately" used the mark 'CARNATIC', deceptively similar to the registered brand 'CARNATIC CAFÉ', to offer identical restaurant services.

"The defence having been struck off and the factual foundation remaining unchallenged, this Court finds that the plaintiff has made out a clear case for pronouncement of judgment," the order stated. Judge Singh noted that the defendants' own affidavit and statement filed in 2022 acknowledged compliance with an earlier injunction and undertook not to use the name in the future, effectively amounting to an admission of infringement.

The court emphasised that even such an admission "does not obviate the necessity of a final decree that formally crystallises the plaintiff's rights. Accordingly, the court made the 2019 interim injunction permanent, restraining Lemonpepper Hospitality, its directors, agents, and representatives from using the mark 'CARNATIC' or any similar expression in connection with restaurants or allied services.

It also ordered the defendants to transfer their website to the plaintiff within four weeks. Recognising the "loss to goodwill and reputation" caused to the Delhi-based Carnatic Cafe chain, the court awarded Rs 50,000 as damages and Rs 10,000 as litigation costs to the plaintiff.

The order finished a six-year-long legal battle that began in 2019, when Carnatic Cafe, known for its authentic South Indian cuisine, discovered a Bengaluru restaurant using a similar name and presentation style, allegedly misleading customers and harming its online reputation. (ANI)

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