Use of Adiga's as trademark: Vasudev Adiga's wins case in HC

Fast food chain Vasudev Adiga's Fast Food 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, challenging a civil court order in favour of 'Vasudev Adiga's Fast Food' in a trademark infringement case filed by Adiga Sweets.

In 2007, Adiga's adopted the name Vasudev Adiga's Fast Food. During the period 2003-2007, they applied for trademarks - 'Adiga's and 'Vasudeva Adiga's' - and the same were duly registered under different classes.

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

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

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