Karnataka Court Restrains Shimogga Based Restaurant From Infringing Trademark Of Bengaluru's Famous Vidyarthi Bhavan

A civil court in Bengaluru has passed a permanent injunction order and restrained a restaurant in Shimogga from infringing and using the registered trademark Vidyarthi Bhavan, which is a famous restaurant in Bengaluru.

Additional City Civil Judge Padma Prasad passed the order and partly allowed the suit filed by M/s Vidyarthi Bhavan, through its partner S.Arun Kumar Adiga.

It was said that plaintiff is a registered partnership firm carrying on business in running Vegetarian Restaurant since the year 1956 under the trading style “Vidyarthi Bhavan” since the year 1956 under class 42 and 43 of the Trademarks Act, 1999; and has acquired impeccable and tremendous goodwill and reputation.

It was alleged that one Kiran Gowda started VB Vidhathri Bhavan in 2018, by unauthorisedly adopting the plaintiff's registered trademark. It was argued that defendant has no authority or right to use the trading style VB Vidhathri Bhavan for running a restaurant, as both are engaged in the common business of providing food and the adoption of such similar trade name is causing confusion amongst the customers.

Further it was informed that even on filing a police complaint the defendant had called a press conference and has advertised that they are opening VB Vidhathri Bhavan with a punchline "Bangalore Food Trend in Shimogga” and displayed hoarding and banners throughout Shimogga besides publishing the same in local newspapers.

On going through the records the court said “The defendants have used the trade name “VIDYARTHI BHAVAN”. Now the defendant changed the name but which is almost near to the earlier name. By changing some spellings in the name here and there, it has continued their trade in the name of VIDHATHRI BHAVAN with the prefix of VB.”

“VIDHATHRI" and “VIDYARTHI” almost look identical and certainly common man cannot find much difference in the said names, it said.

Following which it held “Therefore, certainly the name used by the defendant is deceptively similar to the plaintiff’s registered trade name.”

Noting that the claim of the plaintiff that the defendant is deceptively using the plaintiff’s trade name has not been countered by the defendant and that the defendant has also not produced any material on record to show that their name is not deceptively similar to the plaintiff’s trade name., the Court said,

“There is no material on record to disbelieve the plaintiff’s case regarding the infringement and passing off of the plaintiff’s registered trade name.” Accordingly it ordered “The defendant is hereby permanently restrained from infringing and passing off of the plaintiffs’ registered trademark “VIDYARTHI BHAVAN” as claimed in the suit.”

Since the defendants had changed the name of the restaurant on filing the suit, the court refused to direct payment of damages of Rs 25,000, as prayed in the suit, citing that the defendant is running a business at Shimogga and the plaintiff is not having any restaurant business at Shimogga.

The court partly decreed the suit and directed the defendant to destroy all infringing materials.

Case Title: M/s Vidyarthi Bhavan And M/s VB VIDHATHRI BHAVAN

Case no: Original Suit No 5075/2018

Date of Order: 06-04-2023

Appearance: Harikrishna S. Holla, Advocate for plaintiff; J.D.K. Advocate for defendant.