This Civil Suit is preferred, under Order VII Rule 1 of CPC read with Order IV Rule 1 of High Court O.S. Rules and Section 134 and Section 135 of the Trade Marks Act, 1999, seeking a permanent injunction restraining the defendant, their men, servants, agents or anyone claiming through or under them from in any manner passing off the Plaintiff Trade mark and Trading style "Thalappakatti Biriyani Hotel" by using the offending Trade Mark and the trading style "Kovai Thalappakattu Briyani & Fresh juice" or by using any other Trademark which is similar or deceptively similar to that of the Plaintiff's trade mark "Thalappakatti Biriyani Hotel"; to direct the defendant to render a true and faithful account of the profits earned by them through the sale of food products bearing the offending trade mark "Kovai Thalappakattu Briyani & Fresh juice" and directing payment of such profits to the Plaintiff by way of damages for passing off committed by the Defendant; to direct the defendant to surrender to Plaintiff the entire stock of unused offending goods with Trade Mark "Kovai Thalappakattu Briyani & Fresh juice" with name boards, labels, wrappers, boxes, covers,bags, packets, cartons, bills, advertisements, materials, reports, envelops, brochures, printing blocks, etc., bearing the offending Trademark for destruction and for costs.
