Delhi court rules against Bengaluru firm in 'Carnatic Cafe' trademark case

Carnatic Cafe, a Delhi-based South Indian restaurant chain, discovered that Lemonpepper Hospitality started operating a restaurant in Bengaluru under the name 'Carnatic'

A Delhi court on Friday permanently restrained Bengaluru-based Lemonpepper Hospitality Pvt Ltd and its directors from using the 'Carnatic' mark for their restaurant business, holding that it infringed the registered trademark of Delhi-based Carnatic Café, Bar and Bench reported.

 

The order, delivered on October 29 by Judge (Commercial) Neelam Singh of the Saket District Court, stated: “The Defendants, their directors, officers, employees, agents, franchisees, distributors, representatives, assignees and any other persons acting for or on their behalf are permanently restrained from manufacturing, selling, offering for sale, marketing, advertising or rendering any restaurant-related or allied services under the mark ‘CARNATIC’ or any other mark, logo, device or domain name identical with or deceptively similar to the plaintiff’s registered trademark ‘CARNATIC CAFÉ'.”

 

 

What is the case about?

 

Carnatic Café, owned by restaurateur Pavan Jambagi, is a South Indian restaurant chain operating across Delhi-NCR since 2012. The company claimed ownership of multiple registered trademarks containing the expression “Carnatic Café” across restaurant, catering, café, and allied services.

 

It asserted that the brand had achieved distinctiveness and goodwill through its decade-long operation and growing popularity in the region.

 

In December 2018, Carnatic Café discovered that Lemonpepper Hospitality had started operating a restaurant in Bengaluru under the name 'Carnatic'.

 

The Delhi-based chain alleged that the use of a confusingly similar mark and domain name for identical services constituted infringement and misled consumers into believing there was an association between the two businesses.

 

The lawsuit was filed in April 2019, following which the court granted an ex parte ad interim injunction restraining Lemonpepper from using the name.

 

Despite being served, the Bengaluru firm failed to file a written statement within the prescribed time, leading to its defence being struck off in November 2020.

 

What did the court say?

 

The court observed that Jambagi’s claim stood unopposed under Order VIII Rule 10 of the Civil Procedure Code (CPC), which allows the court to issue judgment if the defendant fails to file a written statement and the plaintiff’s claim is legally sustainable.

 

Carnatic Café provided documentary proof, including trademark certificates, sales data, and online listings of the Bengaluru restaurant, which the court accepted as credible evidence of infringement.

 

The court made the earlier injunction permanent, prohibiting Lemonpepper Hospitality and its representatives from using the mark 'CARNATIC' or any deceptively similar variation for restaurant-related services.

 

Additionally, the firm was ordered to pay ₹50,000 in damages and ₹10,000 in litigation costs to Carnatic Café.