Facts:

• Mr. Nandakumar, also known as NANDU founder of “Nandu’s” named his business as Balkrishna Hatcheries(The Plaintiff), in 1977.
• Nandu's business, which was started as a poultry farm, had grown to offer a range of products including frozen chicken, kebabs, biryani, and ready-to-eat items.
• In 1989, Nandu's trademark was registered under Class 29 for processed and frozen meat products and said registration was valid and subsisting. The business had plans to open restaurants but had not done so.
• In 2005, the Plaintiff registered a second trademark, also prominently featuring the word "Nandu's". The Registrar cited the Plaintiff's registered trademark as a conflicting mark with Nando’s application.
• The Nandos International Ltd. Defendant claimed to be a leading global chain operating fast food outlets and restaurant chains specializing in Afro-Portuguese cuisine with vegetarian and non-vegetarian options, notably using peri-peri chilli and selling sauces under Nando’s trademark.
• The Defendant applied for the registration of a trademark for “Nando’s” in 2001 under class 42 of Schedule IV to the Trade Marks Rules 2002.
• The Plaintiff sought an injunction to prevent the Defendants from using their mark on similar products and in their planned restaurants.
  

Main Issue:

Whether the resemblance between one’s products to another’s services amount to a violation of trademark rights?