Madras High Court
Junior Kuppanna Kitchens Pvt. Ltd vs Kuppanna Foods on 3 January, 2025
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S.(Comm.Div.)No.200 of 2022
IN THE HIGH COURT OF JUDICATUE AT MADRAS
DATED: 03.01.2025
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.S.(Comm.Div.)No.200 of 2022
Junior Kuppanna Kitchens Pvt. Ltd.,
Chennai. ...Plaintiff
-VS-
1.Kuppanna Foods,
Coimbatore.
2.G.Arun Kumar
3.Thiru Kuppusamy Unavagam,
Rep. By Mr.G.Arun Kumar
Chennai. ...Defendants
Prayer:- This suit is filed under Order VII Rule I CPC and Order IV Rule
1 of OS Rules, Section 2(1)(c)(xvii) read with Section 7 of the
Commercial Courts Act, 2015 and Sections 11, 27, 29, 134, 135 of the
Trade Marks Act, 1999, and Sections 14, 51, 55 & 62 of the Copyright
Act, 1957, seeking;
a) permanent injunction restraining the Defendants, their partners, their
employees, officers, servants, agents, and all others acting for and on
their behalf from manufacturing, selling, distributing, exporting,
advertising, offering for sale, any products and in any other manner,
directly or indirectly, dealing with any products or rendering any
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C.S.(Comm.Div.)No.200 of 2022
services, operating any restaurants or outlets or hospitality services or
operating any website, domain name, email in the name of 'KUPPANNA'
and / or 'KUPPANNA FOODS' which is deceptively similar or
phonetically identical to the Plaintiff's registered trademark
"KUPPANNA" and its formative marks and the logo/label 'Junior
Kuppanna' amounting to an infringement of the Plaintiff's registered
trademarks bearing number 1797182 in class 42, 2817425 in class 30,
2817426 in class 29, 4338444 in class 43, 4620271 in class 29, 4620273
in class 43, 4626716 in class 29, 4955954 in class 43, 4955959 in class
29, 4955982 in class 30;
b) permanent injunction restraining the Defendants, their partners, their
employees, officers, servants, agents and all others acting for and on their
behalf from manufacturing, selling, distributing, exporting, advertising,
offering for sale, and in any other manner, directly or indirectly, dealing
with any products or rendering any services, operating any restaurants or
outlets or hospitality services or operating any website, domain name,
email in the name of 'KUPPANNA' and/or 'KUPPANNA FOODS'
amounting to passing off;
c) permanent injunction restraining each of the Defendants, their
partners, their employees, officers, servants, agents and all others acting
for and on their behalf from using 'Kuppanna', 'Since 1960', which
amount to the infringement of copyright in original artistic works in
'Junior Kuppanna' belonging to the Plaintiff.
d) permanent injunction restraining the Defendants, their partners, their
employees, officers, servants, agents and all others acting for and on their
behalf from using the Plaintiff's trademarks "KUPPANNA" and its
formative marks or any other mark deceptively similar or identical
thereto and trade dress 'Kuppanna', 'Since 1960', as part of
www.kuppanna.in or any domain name, company name, corporate name,
websites, social media platforms, mobile application and other
intermediaries in any language.
e) an order of declaration, declaring the Plaintiff's trade mark
'KUPPANNA' and its formative marks as a 'well-known trade mark
within the meaning of Section 2(1)(zg) read with Section 11(6) of the
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C.S.(Comm.Div.)No.200 of 2022
Trade Marks Act, 1999.
f) the Defendants be ordered to pay the Plaintiff a sum of INR
1,00,00,000/- (Rupees One Crore Only) as damages for having
committing infringement of the Plaintiff's registered trademark, passing
off trademark and trade dress, infringement of copyright in respect of the
Plaintiff's artwork, dilution and tarnishment of both trademark and
copyright in respect of the mark "KUPPANNA" and its formative marks
and the logo/label 'Junior Kuppanna'.
g) a preliminary decree be passed in favour of the Plaintiff directing the
Defendants to render true and proper accounts of the profits arising out
of the number of sales generated by the Defendants in respect of their
alleged activities especially sale and export of products bearing the mark
'KUPPANNA' and / or 'KUPPANNA FOODS' for their business, after
the latter have rendered accounts ; and
h) to grant order of delivery up of any brochures/ printed material and/or
any material bearing 'KUPPANNA' and/or 'KUPPANNA FOODS' which
infringes Plaintiffs well known registered trademark KUPPANNA' and
its formative marks and the logo/label 'Junior Kuppanna'.
For Plaintiff : Mr.M.S.Bharath
For D2 : M/s.Subhang Nair
JUDGMENT
The parties to the dispute have entered into a compromise. A Memorandum of Compromise dated 03.01.2025 signed by the respective counsels enclosing the settlement agreement dated 02.12.2024 signed by https://www.mhc.tn.gov.in/judis 3/5 C.S.(Comm.Div.)No.200 of 2022 the parties to the dispute has been filed.
In terms of the Memorandum of Compromise dated 03.01.2025 and the settlement agreement dated 21.12.2024, the suit is decreed. The Memorandum of Compromise dated 03.01.2025 and the settlement agreement dated 02.12.2024 shall form part of this judgment. No Costs. Consequently, connected applications are closed.
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