The Bombay high court restrained an Aurangabad restaurant from using the name and trademark ‘Sassy Spoon’ observing that the words ‘sassy’ and ‘spoon’ weren’t normally used together and that the restaurant had clearly adopted the name of the popular South Mumbai cafe and patisserie to tap into its credibility and popularity.
In an interim order, the court held that the café, whose branches are located in Bandra and Nariman Point had acquired a “considerable amount of goodwill and an enviable reputation within a short period of time due to the quality and range of food” it offers and its “service.” Thus, the restaurant in Aurangabad had, in a “completely mala fide and dishonest attempt, tried to pass off its vegetarian restaurant as having some sort of an association with the café.”
Justice Gautam Patel was hearing a plea for interim relief filed by the Chocolate Spoon Company that runs the Sassy Spoon café. It argued that the Aurangabad restaurant was infringing upon its trademark and trying to cash in on its goodwill.
Justice Patel held that the Aurangabad restaurant’s decision to adopt the name was “clearly deceitful and dishonest.”
“The mark adopted by the plaintiffs of the Mumbai cafe is undoubtedly unique. It is an invented conjunction used in relation to their restaurants. There can be no conceivable reason for the defendants i.e. the Aurangabad restaurant to have adopted so unique a mark and name,” Justice Patel said.
The HC is likely to take up the matter for further hearing in September.