The Court disposed of the suit where the Defendant obtained interim relief by undertaking not to use the Plaintiffs' mark 'Cafe Madras' or deceptively similar marks in their restaurants.
Suit disposed; undertaking by Defendants to cease use of mark noted; no order as to costs.
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909-S2549-12.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 2549 OF 2012
Jagdish G. Kamath & 5 Ors.…Plaintiffs
Versus
Lime and Chilli Hospitality Services …Defendants
Mr. Shenoy, a/w Bhagwati Trivedi & Sana Khan, i/b Bhagwati &
Co., for the Plaintiffs.
Mr. Rahul Ajatshatru, i/b Anand & Anand, for the Defendants.
CORAM: G.S. PATEL, J DATED: 20th October 2016
PC:-
1.Mr. Ajatshatru has instructions to state that Defendants’
restaurant in Nahik is undergoing renovations. When it is opened, it
will not use the name and mark “Cafe Madras” or any mark that is
deceptively similar to it. He also states that the other restaurant in
Jalgaon has stopped using the mark in question and is now using the
name “Lime & Chilli”. Finally, he says that the Defendants agree
and undertake not to use the Plaintiffs’ mark in any manner for any
of the Defendants’ restaurants or businesses, present or future.
These statements are noted as undertakings to the Court since Mr.
Ajatshatru has instructions to make those statements in that form.
Page 1 of 2
20th October 2016
909-S2549-12.DOC
2. The Suit is disposed of in these terms. There will be no order as to costs. Refund of Court fees, if any, in accordance with the Rules.
3. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
Page 2 of 2
20th October 2016
1 issue framed by the court
Whether the suit should be disposed of on receipt of undertaking by Defendants.
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court