Trademark infringement plea: HC orders in favour of Sangeetha hotels

CHENNAI: Allowing a trademark infringement plea moved by 'Sangeetha Veg Hotels', the Madras high court has restrained its former franchisee from using a deceptively similar name 'Geetham Veg' for its hotels.
Justice P T Asha passed the order on an infringement suit filed by Sangeetha Caterers and Consultants LLP against Rasnam Foods Pvt Ltd and others.According to Sangeetha, the respondents were their authorised franchisee partners for operating their branches in OMR Thoraipakkam, Medavakkam, and Siruseri in Chennai since 2014.
However, after five years of operating the franchisee branches, in violation of the agreement, they opened businesses in the name of Udupi Ruchi and other names, they alleged. While they were trying to resolve the issue through mediation, the respondents opened new hotels in the same places of the franchisee branches in a similar and deceptive name 'Sangeetham, Geetham, and Geetham Veg'.
Advertisements were also released informing the customers that only the name of the hotel has been changed and everything else remained the same. Aggrieved, the owners of Sangeetha moved the high court alleging infringement of their registered trademark. Allowing the plea, the court said, prima facie the infringement of trademark owned by the applicant has been established. "There is suppression and deception on the part of the respondents. The adoption of the word "Geetham" coupled with the respondents' advertisement have caused confusion in the minds of the public," the judge said.