The Additional district court here has issued an injunction order prohibiting an eatery at Poojapura from using the name ‘Kochannan’s Hotel’ on the basis of a plea by P.Safeer, the original brand owner who runs the hotel at Karamana.
Mr.Safeer had moved the court against his elder brother P.Firozkhan, accusing him of trademark infringement. He argued that their father had established ‘Kochannan Sahib’s Hotel and restaurant’ at Karamana in 1946 and the business and trade name had been devolved down to him. He also pointed out that his brother had opened a new outlet at Poojapura this year under a similar name after relinquishing his rights over the business and transferring the trademark rights to him.
Mr.Firozkhan countered that his younger brother had deceptively obtained rights over the registered trademark in 2019 and that his business was not similar to the one run by Mr.Safeer.
Dismissing Mr. Firozkhan’s contention, Additional district judge R.Jayakrishnan issued the injunction order, stating that the name Kochannan’s Hotel was an infringement of the registered trademark of the petitioner.
Mr.Safeer’s counsel Bindu Sankarapillai said the order underlined the relevance of trademark registration for small business.
