Silk brand restrained from using trademark

CHENNAI: Kanchi Kumaran Silks in Kancheepuram has been restrained by the Madras High Court from manufacturing, selling, offering for sale, stocking, advertising directly or indirectly and from dealing in goods marked ‘Kumaran’ or under the trading style Kanchi Kumaran Silks.Justice S Rajeswaran granted the injunction while allowing two applications, arising out of a civil suit, from Sri Kumaran Stores inT Nagar.The plaintiff, Sri Kumaran Silks, had been the prior user of the registered trademark ‘Kumaran’ from 1955 and the defendant,Kanchi Kumaran Silks, on the other hand, entered the business in 2006 only and their trademarks were deceptively similar and the goods of trade were one and the same.The judge made it clear that his observations in this order were only for the purpose of disposing of the two applications and it was open to the defendant to agitate all the issues, including those of jurisdiction and maintainability of the original suit, at the time of trial.