The Saket District Court has permanently restrained Bengaluru-based Lemonpepper Hospitality. and its directors from using the mark “CARNATIC” for their restaurant business, holding that it infringes the registered trademark of Delhi-based Carnatic Café, owned by restaurateur Pavan Jambagi. 
The order was delivered on October 29 by District Judge (Commercial) Neelam Singh, following a suit filed in April 2019. 
“The Defendants, their directors, officers, employees, agents, franchisees, distributors, representatives, assignees and any other persons acting for or on their behalf are permanently restrained from manufacturing, selling, offering for sale, marketing, advertising or rendering any restaurant-related or allied services under the mark ‘CARNATIC’ or any other mark, logo, device or domain name identical with or deceptively similar to the plaintiff’s registered trademark ‘CARNATIC CAFÉ’,” the court ordered. 
When the defendants failed to file their written statement on time, their defence was struck off on March 5, 2020. In November 2022, the defendants filed an affidavit offering to comply with the injunction and not use the name “CARNATIC” in future. 
“The Plaintiff has successfully established its statutory rights as registered proprietor, its prior and continuous use, the goodwill associated with the mark, and the Defendants unauthorised use of the identical mark ‘CARNATIC’,” the order stated. 
Applying Order VIII Rule 10 of the Code of Civil Procedure, the judge held that judgment could be pronounced on uncontroverted pleadings and documentary evidence. 
The interim injunction granted in 2019 was made permanent and the defendants were directed to transfer the domain name www.carnaticrestaurant.com to the plaintiff within four weeks. 
The Court also awarded damages of Rs 50,000 and costs of Rs10,000 in favour of the plaintiff, holding that compensation was necessary in view of the loss to the goodwill and reputation of the plaintiff and the need for deterrent damages in matters of this nature.
