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Case Lawsuit Title
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Case / Trial ID Number
Jurisdiction Code
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us
in
upc
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Category
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Patent
Trademark
Copyright
Design
Filing Date
Decision Verdict Date
Court / Tribunal
Bench / Panel Judges
Petitioner / Claimant (Plaintiff)
Kamat Foods Private Limited
Respondent / Defendant
Kamat Foods Product
Dispute Summary
Kamat Foods Private Limited sued Kamat Foods Product for trademark infringement, seeking an injunction and damages. The court granted an ad-interim order of temporary injunction and later issued a decree in favor of the plaintiff, directing the defendants to stop using the infringing mark and destroy all products and materials containing the same. The court also ordered the defendants to render true and proper accounts of their business conducted under the infringing mark.
Outcome / Ruling
plaintiff_favorable
Verdict Document PDF URL
Full text judgment
[Cites 4 , Cited by 0 ] Bangalore District Court Kamat Foods Private Limited vs Kamat Foods Product on 8 July, 2026 KABC170034202025 IN THE COURT OF LXXXVI ADDL. CITY CIVIL & SESSIONS JUDGE, (COMMERCIAL COURT), BENGALURU (CCH-87) Dated this the 8th day of JULY, 2026 Present: Sri Jithendranath C.S., B.A., LL.M., LXXXVI ADDL. CITY CIVIL & SESSIONS JUDGE BENGALURU. Com.O.S.No.1512/2025 BETWEEN Plaintiff : Kamat Foods Private Limited, A company incorporated under the Companies Act, 1956 , Having its registered office at No. 5/1, Thanappa Mansion, 3rd Floor, Sheshadripuram, Bengaluru - 560010. Represented by its Authorized Representative, Mrs. Aarti Narayan Kamat (By Sri.Bala Nikit, advocate) - Vs - Defendants : 1. Kamat Foods Product, Dapoli, Mauje Dapoli, Maharashtra, India-416416. 2. Mr. Prasanna Kumar, Kamat Foods Product, Dapoli, Mauje Dapoli, Maharashtra, India - 416416. (Exparte) 2 Com.O.S.No.1512/2025 Date of Institution : 30.10.2025 Nature of the suit : Infringment of copyright and Trade mark Date of the commencement of recording of the evidence : 23.02.2026 Date on which Judgment was pronounced : 08.07.2026 Total Duration : Year/s Month/s Day/s 00 08 08 Digitally signed by JITHENDRANATH S JITHENDRANATH CHELUR S CHELUR Date: 2026.07.08 17:31:58 +0530 (JITHENDRANATH C.S.) LXXXVI Addl. City Civil & Sessions Judge Commercial Court, Bengaluru. JUDGMENT The plaintiff, claiming to be a private limited company and the proprietor of registered trademarks, has filed the present suit seeking judgment and decree against the defendant for the following reliefs: (a) Declaration that the Defendants have infringed the trademarks of the Plaintiff; (b) Injunction restraining the Defendants its representatives, officers or any person claiming through or under them or associated with them from using the Plaintiff's registered Schedule Trademarks; 3 Com.O.S.No.1512/2025 (c) Directing the Defendants, its representatives, officers or any person associated with it to remove from circulation in the market, any product under the name and style 'Kamat Foods/Kamat Food Products' and in infringement of the Plaintiff's Registered Schedule Trademarks; (d) Directing the Defendants, its representatives, officers or any person associated with it to immediately remove from all materials, including from websites, social media handles, or any other platform on which the Defendant has displayed its products under the name and style 'Kamat Foods / Kamat Food Products'; (e) Directing the Defendants, its representatives, officers or any person associated with it to destroy, and issue a certificate to that effect, regarding all the products and materials, containing the infringing marks, or any other such similar design, which may in any manner whatsoever convey an unauthorized nexus between Plaintiff and the Defendants; (f) Directing the Defendants to render true and proper accounts in respect of the business conducted by the Defendants in respect of its products marketed and sold under the name and style 'Kamat Foods / Kamat Food Products', for the purpose of ascertaining the revenue earned by the 4 Com.O.S.No.1512/2025 Defendants by infringing the Plaintiff's registered Schedule trademarks; (g) Directing the Defendants to forthwith surrender all the products manufactured under the name and style 'Kamat Foods / Kamat Food Products'; (h) Directing the Defendants to pay compensation/damages to the Plaintiff for the infringement of the Plaintiff's Registered Schedule trademark as may be quantified at the appropriate stage in the above proceedings; (i) Directing the Defendants to Pay Rs.3,00,000/- towards compensation per month from the date of filing of the suit, pending rendition of accounts. 2. The plaintiff pleaded that it was incorporated on 07.05.1981 under the provisions of the Companies Act, 1956 . The promoters of the plaintiff company entered the food business in the year 1948 with the commencement of its first venture under the name and legacy of "Kamat". The plaintiff company now has a chain of hotels in Karnataka, Maharashtra, Goa, Telangana, and Andhra Pradesh. The plaintiff company is the proprietor of the following registered trademarks: 5 Com.O.S.No.1512/2025 6 Com.O.S.No.1512/2025 3. The plaintiff has been marketing and selling its products using the trademark "Kamat Foods". By virtue of the said claim, the plaintiff company has acquired the following registered trademarks: 4. The plaintiff pleaded that when it had entered into a Franchise Agreement dated 08.02.2025 with Jadhav Brothers Hospitality to enter the market of Maharashtra, the plaintiff came to know that the defendants are operating a business of 7 Com.O.S.No.1512/2025 packaged food under the name and style "Kamat Foods" under the following marks: 5. The plaintiff, having perceived that the mark of the defendants infringes its registered trademarks, issued a notice dated 18.07.2025, and in spite of receipt of the notice, the defendants have failed to stop using the deceptively similar mark. Therefore, the plaintiff filed the present suit. 6. Having considered the prima-facie case of the plaintiff, this court by its order dated 03.11.2025 issued an ad-interim order of temporary injunction restraining the defendants from, in any manner, using, making, any representation, marketing or selling any products identical to the products of the plaintiff. The said order was duly complied with by the plaintiff as mandated under Order XXXIX Rule 3 of CPC . 8 Com.O.S.No.1512/2025 7. Suit summons were also issued to defendant Nos.1 and 2, and the same were returned with the endorsement "unclaimed". The court, having recorded deemed service, proceeded to hear the case of the plaintiff by placing the defendants exparte. 8. The plaintiff company examined its authorized representative, Smt.Aarti Narayan Kamat, as P.W.1 and relied upon Exs.P.1 to P.12. 9. The court has heard the arguments addressed by the learned counsel for the plaintiff. 10. The following points arise for the court's consideration: 1 Whether the plaintiff proves that the plaintiff company is the registered proprietor of the trademarks mentioned above? 2 Whether the plaintiff further proves that the defendants' mark infringes the trademark rights of the plaintiff? 3 Whether the plaintiff is entitled for the reliefs as sought for? 4 What order or decree ? 11. My answers to the above points are as under: Point No.1 : In the affirmative, Point No.2 : In the affirmative, 9 Com.O.S.No.1512/2025 Point No.3 : In the affirmative, Point No.4 : As per the final order for the following; REASONS Points No.1 to 3 :- 12. Smt.Aarti Narayan Kamat, reiterated in her evidence affidavit the facts pleaded in the plaint. Ex.P.1is the copies of images showing the packaging and product of the plaintiff collectively, Ex.P.2 is the screenshots of the plaintiff's website, Ex.P.3 is the Trade Mark Registration Certificate of the plaintiff company, Ex.P.4 is the photographs of the plaintiff's products, Ex.P.5 is the photographs of the defendant's products, Ex.P.6 is the legal notice dated 18.07.2025, Ex.P.7 is the original postal receipts, Ex.P.8 is the unserved postal cover, Ex.P.8(a) is the notice sent through Ex.P.8, Ex.P.9 is the certificate under Section 63(4) (c) BSA, Ex.P.10 is the online digital copy of certificate of incorporation, Ex.P.11 is the authorization Letter, Ex.P.12 is the certificate under Section 63(4) of BSA with respect to Ex.P.10 & Ex.P.11. 13. Among the above documents, the trademark registration certificates, collectively marked as Ex.P3, indicate 10 Com.O.S.No.1512/2025 that the plaintiff company is the proprietor of the trademarks narrated in the plaint. The trademark which is being used by the defendants, although not similar to the naked eye, is phonetically similar. Since the plaintiff is the registered proprietor of the word mark "Kamath", the defendants are not entitled to use the same to sell their products. The plaintiff has substantively proved that the mark of the plaintiff is well established in the hotel and food industry. It appears that the defendants are not the registered proprietors of the trademark "Kamath". Therefore, if they use the mark "Kamath" in their trade, it amounts to passing off their products as that of the plaintiff. Though this court has granted an exparte injunction against the defendants, they have not appeared before the court to seek the said order set aside. The defendants have refused to accept the summons. The conduct of the defendants indicates that they have no defense in this case. Therefore, they have not appeared before the court. The plaintiff company, being the proprietor of registered trademarks, is certainly entitled to get its registered marks protected by rule of law. Though the plaintiff has sought compensation of Rs.3,00,000/- per 11 Com.O.S.No.1512/2025 month from the date of filing of the suit, pending rendition of accounts, the plaintiff has not adduced evidence to show the turnover of the defendants, the profit earned by them, the monetary loss caused to the plaintiff, etc. Therefore, the court is of the opinion that the plaintiff, at this stage, is not entitled to compensation. The plaintiff, however, is entitled to seek a direction from this court directing the defendants to render their accounts. Point No.4 :- 14. In view of the findings on aforesaid points, I proceed to pass the following; ORDER The suit is decreed with cost as follows: It is hereby declared that the defendants have infringed the trademarks of the plaintiff; It is hereby restrained the defendants their representatives, officers or any person claiming through or under them or associated with them from using the plaintiff's registered schedule trademarks; It is hereby directed the defendants, their representatives, officers or any person associated with them to remove from circulation in the market, any product under the name and style 12 Com.O.S.No.1512/2025 'Kamat Foods/Kamat Food Products' and in infringement of the plaintiff's registered schedule trademarks; It is hereby directed the defendants, their representatives, officers or any person associated with them to immediately remove from all materials, including from websites, social media handles, or any other platform on which the defendants have displayed their products under the name and style 'Kamat Foods / Kamat Food Products; It is hereby directed the defendants, their representatives, officers or any person associated with them to destroy, and issue a certificate to that effect to the plaintiff, regarding all the products and materials, containing the infringing marks, or any other such similar design, which may in any manner whatsoever convey an unauthorized nexus between plaintiff and the defendants; It is hereby directed the defendants to render true and proper accounts in respect of the business conducted by them in respect of its products marketed and sold under the name and style 'Kamat Foods / Kamat Food Products', for the purpose of ascertaining the revenue earned by the defendants by infringing the Plaintiff's registered Schedule trademarks; Draw decree accordingly. 13 Com.O.S.No.1512/2025 The office is directed to send a soft copy of this judgment to the parties to the proceedings at their respective e-mail IDs as required under Order XX Rule 1 of C.P.C . and as amended by Section 16 of the Commercial Courts Act, 2015. [Dictated to the Adalat AI Dictaphone Software, edited by stenographer, corrected and signed by me then pronounced in the Open Court, dated this the 8th day of July, 2026] Digitally signed by JITHENDRANATH JITHENDRANATH S CHELUR S CHELUR Date: 2026.07.08 17:32:12 +0530 (JITHENDRANATH C.S.) LXXXVI Addl. City Civil & Sessions Judge Commercial Court, Bengaluru. ANNEXURE List of witnesses examined on behalf of the plaintiff : PW-1 Aarti Narayan Kamat List of documents marked on behalf of the plaintiff : Ex.P.1 Copies of images showing the packaging and product of the plaintiff collectively (page Nos.36 to 60). Ex.P.2 Screenshots of the plaintiff's website (page No.61 to 63). Ex.P.3 Trade Mark Registration Certificate of the plaintiff company. Ex.P.4 The photographs of the plaintiff's products. Ex.P.5 The photographs of the defendant's products. Ex.P.6 Legal notice dated 18.07.2025. Ex.P.7 Original postal receipts. Ex.P.8 Unserved postal cover. Ex.P.8(a) The notice sent through Ex.P.8. Ex.P.9 Certificate u/ Sec.63(4)(c) of BSA. 14 Com.O.S.No.1512/2025 Ex.P.10 Online digital copy of Certificate of Incorporation. Ex.P.11 Authorization Letter. Ex.P.12 Certificate u/ Sec.63(4) of BSA with respect to Ex.P.10 & Ex.P.11. List of witnesses examined on behalf of the defendant : Nil List of documents marked on behalf of the defendant : Nil Digitally signed by JITHENDRANATH S JITHENDRANATH CHELUR S CHELUR Date: 2026.07.08 17:32:18 +0530 (JITHENDRANATH C.S.) LXXXVI Addl. City Civil & Sessions Judge Commercial Court, Bengaluru.
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