Ex-owner of Kasi Theatre cannot use trademark, says Madras HC

CHENNAI: The Madras high court has passed an interim order restraining the owners of 'Kasi Talkies' from using the trademark 'Kasi'. Kasi Talkies is a newly launched theatre by the erstwhile owner of

Kasi Theatre

located on

Jawaharlal Nehru Road

, Ashok Nagar.


Justice S Vaidyanathan passed the interim order on a suit moved by Palson Enterprises, the present owner of Kasi Theatre, alleging infringement of their trademark by Kasi Group of Companies, which owns Kasi Talkies.

According to Palson, after acquiring ownership of the theatre and necessary licenses, they invested large amount of money to develop and modernize Kasi Theatre.

Saying that Palson alone is entitled to use the trademark 'Kasi' in relation to entertainment business since 2002, the company said it had extensively and continuously advertized and publicized its theatre business under the trademark Kasi. "By virtue of such registration and continuous use by the applicant, the said registered trademark has acquired distinctiveness in respect of the services of the applicant and members of the trade and public, associate the same only with the applicant," Palson said.

It further submitted that recently, the company came to know that the Kasi Group of Companies developed a property adjacent to Kasi Theatre and opened a new theatre named 'Kasi Talkies'.

In allowing Kasi Group of Companies using the trademark 'Kasi' would cause a considerable section of the public being misled into a wrong notion that Kasi Talkies is in one way or another related to Kasi Theatre, particularly, given the close proximity of the two establishments, Palson said.