'Adiga's' belongs only to Vasudev Adiga's, rules HC

Fast food chain Vasudev Adiga's Fast Food has won a case challenging the use of Adiga's as a trademark for running restaurants and hotels.  

The High Court of Karnataka dismissed an appeal by Adiga Sweets against a civil court order in favour of Vasudev Adiga's Fast Food in a trademark infringement case filed by Adiga Sweets.  

In 2007, the Adiga's adopted the name Vasudev Adiga's Fast Food. From 2003 to 2007, they applied for the trademark of 'Adiga's' and 'Vasudeva Adiga's' and the same were duly registered under different classes.  

While filing an application for the  trademark, Vasudev Adiga's found that Adiga's had been selling sweets in the name of Adiga Sweets from a shop in Bengaluru. Vasudev Adiga's filed a civil case for a  permanent injunction to Adiga Sweets that was granted by the court.

The civil court had stated that Adiga's Fast Food started its business in 1993 while the Adiga Sweets began its business in 2003. Thus, Adiga's Fast Food is the prior user of the unregistered trademark Adiga's.

In his order, Justice Raghavendra Chauhan of the high court stated that the use of the name Adiga's as a suffix or prefix would not prevent a person from initiating an action of infringement against the other and upheld the civil court's order.  

 

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