Delhi Court Permanently Restrains Bengaluru Restaurant From Using 'Carnatic' Mark In Suit By Delhi-Based Carnatic Cafe
Ayushi Shukla
7 Nov 2025 11:33 AM IST
A Commercial Court in Delhi has permanently restrained Bengaluru-based restaurant from using the mark “CARNATIC” or any deceptively similar name to “CARNATIC CAFÉ”, a Delhi-based South Indian restaurant chain, holding that their adoption of the mark amounted to infringement and passing off. The order was passed on October 29, 2025 by District Judge Neelam Singh of the...
A Commercial Court in Delhi has permanently restrained Bengaluru-based restaurant from using the mark “CARNATIC” or any deceptively similar name to “CARNATIC CAFÉ”, a Delhi-based South Indian restaurant chain, holding that their adoption of the mark amounted to infringement and passing off.
The order was passed on October 29, 2025 by District Judge Neelam Singh of the Commercial Court, Saket Courts in a suit filed by proprietor of the Carnatic Café.
Carnatic Café, engaged in restaurant and catering services, claimed ownership of several registered trademarks containing the expression Carnatic Café covering restaurant, catering, café and allied services. It asserted that the brand had acquired distinctiveness and goodwill owing to its consistent use and popularity across Delhi-NCR since 2012.
In December 2018, Carnatic Café discovered that Lemonpepper Hospitality Pvt. Ltd., based in Bengaluru, had started operating a restaurant under the name “CARNATIC.” Carnatic café alleged that Bengaluru restaurant was using a deceptively similar mark and domain name www.carnaticrestaurant.com for identical services, thereby infringing its registered rights and misleading consumers into believing an association with Carnatic Café.
On April 24, 2019, the Court granted an ex-parte ad-interim injunction restraining Bengaluru restaurant from using the impugned mark. Despite being served, the Bengaluru restaurant failed to file a written statement within the prescribed period thus, their defence was struck off on March 5, 2020.
The Court noted that under Order VIII Rule 10 CPC when a defendant fails to file a written statement, the Court may pronounce judgment if the plaintiff's claim is legally sustainable. Here, the Carnatic café's documentary evidence including trademark registrations, proof of use, sales figures and screenshots showing the Bengaluru restaurant's online listings formed credible evidence.
The Court observed that the Bengaluru restaurant's own affidavit and undertaking acknowledged the Carnatic Café's superior rights and reinforced the case of infringement and passing off under Section 29 of the Trade Marks Act, 1999. The Court held that Carnatic Café had clearly established its statutory and common-law rights, the Bengaluru restaurant's unauthorized use of an identical mark and the resulting likelihood of confusion.
Accordingly, the Court made the earlier injunction absolute and permanently restrained the Bengaluru restaurant and their agents from using the mark “CARNATIC” or any mark deceptively similar to “CARNATIC CAFÉ” for restaurant or allied services. It also awarded ₹50,000 as damages and ₹10,000 as costs to the Carnatic Café.
Case Title: Mr. Pavan Jambagi v Lemonpepper Hospitality Pvt. Ltd.
Case No.: CS (COMM)- 290/2019