MADRAS HIGH COURT PASSES INTERIM ORDER IN FAVOUR OF NAIDU HALL FAMILY STORE FOR PROTECTION OF THE WELL-KNOWN TRADEMARK “NAIDU HALL” – Eshwars
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MADRAS HIGH COURT PASSES INTERIM ORDER IN FAVOUR OF NAIDU HALL FAMILY STORE FOR PROTECTION OF THE WELL-KNOWN TRADEMARK “NAIDU HALL”

Authored by Padma Akila

The Madras High Court on 7th December 2020 passed an interim injunction order in favour of Naidu Hall Family Store, the Plaintiff, restraining the Defendant from infringing the mark “Naidu Hall” belonging to the Plaintiff. The Court opined that the Plaintiff is a well-known and reputed partnership firm, which was founded in the year 1939, primarily dealing with textiles and has established goodwill and reputation in the said trade. Further, they have also obtained registration of the trademark for ‘Naidu Hall’ which has been registered in Class 24 in Trademark No.2793271 and in Class 25 in Trademark No.2582196. The Plaintiff has also registered the domain name vnhnaiduhall.com which contains the trademark ‘Naidu Hall’. The order stated that the Defendant appeared to be in the same trade and also using the same mark ‘Naidu Hall’ with a slight addition namely, ‘A Moham Venture’.

The counsel for the Plaintiff contended that there was every possibility of the general public being misled to believe that the Defendant could be a branch of the Plaintiff and/or that the Defendant’s products are the products of the Plaintiff as the Defendant also happened to be in the same line of business.

The Court stated that a Caveat had been entered by the Defendant and the counsel for the Caveator was served with all the relevant papers. Thereafter, when the matter was again taken up for hearing, the counsel who appeared on behalf of the Defendant / Caveator, stated that the Defendant had not come forward to give any instructions. Taking this into account the Court held that the Defendant was deliberately trying to take advantage of the Court proceedings and that the intentions of the Defendant appeared to be malafide to defeat the rightful claims of the Plaintiff.

The Court further stated that in the registration of the mark, the Plaintiff has made out a prima facie case and that the Defendant has adopted surreptitious measures to somehow or the other to deny the grant of interim order. It was further held that the balance of convenience is in favour of the Plaintiff and that the Plaintiff would suffer immense loss, if the Defendant is permitted to continue with their business under the offending trademark. The Court was of the opinion that the Defendant has adopted the very same mark as that of the Plaintiff. In view of these facts, the court held that a prima facie case has been made out by the Plaintiff and that the balance of convenience was also certainly in favour of the plaintiff.

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