Kamats Worldwide Food Services Successfully Restrains Use of Similar Mark by Defendant
In a significant ruling, the Bombay High Court, under the adjudication of Justice Advait M. Sethna, granted an interim injunction favoring Kamats Worldwide Food Services Pvt Ltd against Musa Bhai Nadaf. The court restrained the defendant from using the trademark "Kranti Kamat," which was deemed similar to the plaintiff's registered trademark "Kamats." The decision, dated May 13, 2026, underscores the importance of trademark protection and the court's commitment to safeguarding the goodwill and reputation of established brands.
Kamats Worldwide Food Services, the plaintiff, has been using the trademark "Kamats" since January 13, 1986. Their mark, registered under classes 42 and 43, represents a well-known entity in the hospitality sector. The plaintiff alleged that the defendant's use of "Kranti Kamat" for restaurant services posed a likelihood of confusion among consumers, potentially harming the established reputation of Kamats.
The court, after examining the evidence, including photographs and reviews, acknowledged the likelihood of consumer confusion due to the similarity between the marks. It was noted that the defendant had not applied for registration of "Kranti Kamat," further supporting the plaintiff's case. The court emphasized the essential and pivotal feature of the word "Kamat" in the plaintiff's registered trademark, which the defendant's mark closely resembled.
Justice Sethna found merit in the plaintiff's arguments and concluded that the balance of convenience favored Kamats Worldwide Food Services. The court highlighted that without interim relief, irreparable injury could be caused to the plaintiff's goodwill and reputation. Consequently, an ex-parte ad-interim relief was granted, restraining the defendant and any associated parties from using the impugned mark or any similar marks that could infringe on the plaintiff's trademark rights.
The decision reflects the court's adherence to the principles of trademark protection under the Trade Marks Act, 1999, particularly Section 29, which addresses trademark infringement. The court reiterated the necessity of urgent protection to prevent harm to the plaintiff's established goodwill, highlighting the potential for confusion and association with the plaintiff's brand due to the defendant's actions.
The case is scheduled for further proceedings on June 16, 2026, with the court directing the plaintiff to serve copies of the order to the defendant in advance. This ruling sets a precedent for similar cases, emphasizing the judiciary's role in upholding trademark rights and protecting businesses from potential harm due to unauthorized use of similar marks.
Bottom line:-
Trademark infringement - Interim injunction granted restraining the Defendant from using a mark similar or identical to the Plaintiff's registered Trademark 'Kamats' to prevent harm to goodwill and reputation.
Statutory provision(s): Trade Marks Act, 1999 Section 29
Kamats Worldwide Food Services Pvt Ltd v. Musa Bhai Nadaf, (Bombay) : Law Finder Doc id # 2907610
