Madras High Court
Mr.A.D.Padmasingh Isaac vs / on 26 August, 2021
C.S.(Comm.Div).No.12 of 2017
& O.A.Nos.394 & 395 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date : 26.08.2021
Coram::
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.(Comm.Div).No.12 of 2017
& O.A.Nos.394 & 395 of 2021
1. Mr.A.D.Padmasingh Isaac,
Proprietor,
Aachi Spices and Foods,
Old No.4, New No.181/1,
6th Avenue, Thangam Colony,
Anna Nagar, Chennai – 600 040.
2. M/s.Aachi Masala Foods Private Limited,
No.1926, 34th Street, I Block,
Ishwarya Colony, Anna Nagar West,
Chennai – 600 040.
Represented by its Director,
Mr.Ashwin Pandian.
3. M/s.Heavenly Foods Private Limited,
No.1926, 34th Street, I Block, Ishwarya Colony,
Anna Nagar West, Chennai – 600 040.
Represented by its Director,
Mr.Shiny Ashwin. ... Plaintiffs
/versus/
New Aachi Chettinad Restaurant
No.27, Montieth Road,
Komaleeswaranpet, Egmore,
Chennai – 600 008. ... Defendant
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https://www.mhc.tn.gov.in/judis/
C.S.(Comm.Div).No.12 of 2017
& O.A.Nos.394 & 395 of 2021
Prayer: Plaint is filed under Order IV Rule 1 of Original Side Rules and order
VII, Rule 1 of the C.P.C read with Sections 27(2), 29, 134 and 135 of the
Trademarks Act, 1999.
(a). granting a permanent injunction, restraining the Defendant, by himself,
his servants, agents, distributors, or anyone claiming through him from
manufacturing, selling, advertising and offering for sale or providing services
using the name 'NEW AACHI CHETTINAD RESTAURANT' or any other
similar Trade Mark name or similar sounding expression in any media and use the
same in name board, invoices, letter heads and visiting cards or by using any other
trade mark/name which is in any way visually or deceptively or phonetically
similar to the 1st Plaintiffs trade mark/name AACHI/AACHI CHETTINAD
RESTAURANT/AACHI KITCHEN and use the same in pouches, packets or use
the mark in invoices, letters heads and visiting cards or part of their restaurant,
hotel name any other trade literature or Menu card by using any other trade mark
which is in any way visually, or phonetically similar to the Plaintiffs' registered
Trade Mark Nos.838786, 1116254, 1479159, 1715718 & 2965624 or in any
manner infringing the 1st Plaintiffs registered Trade Marks referred herein.
(b). granting a permanent injunction restraining the Defendant by itself, its
agents or servants or anyone claiming through or under him any business
marketing, selling advertising using in trade literature, menu cards, invoices, name
boards, website, internet advertisements the mark/name 'NEW AACHI
CHETTINAD RESTAURANT' in relation to the Restaurant or with respect to or
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https://www.mhc.tn.gov.in/judis/
C.S.(Comm.Div).No.12 of 2017
& O.A.Nos.394 & 395 of 2021
any other food preparation or on any other business the impugned trademark/name
which is in any manner deceptively or phonetically confusingly similar to the
Plaintiffs Trade Mark/name AACHI/AACHI CHETTINAD RESTAURANT/
AACHI KITCHEN or in any other manner pass off their hotel, restaurant,
business or goods as and for that of the Plaintiffs.
(c). Directing the Defendant to surrender to the Plaintiffs all the packing
material, cartons, advertisement materials and hoardings, letter-heads, visiting
cards, office stationery and all other materials containing/bearing the name
'NEW AACHI CHETTINAD RESTAURANT' or other identical trade mark
used in the pouches and packets bearing the word AACHI/AACHI CHETINAD
RESTAURANT/AACHI KITCHEN.
(d). Directing the Defendant to render an account of profits made by them
by the use of the impugned trademark 'NEW AACHI CHETTINAD
RESTAURANT' on the service referred and decree the suit for the profits found
to have been made by the Defendant, after the Defendant has rendered accounts:
(e). Directing the Defendant to pay to the Plaintiffs the costs to the suit.
For Plaintiffs : Ms.T.Hemalatha
JUDGMENT
https://www.mhc.tn.gov.in/judis/
C.S.(Comm.Div).No.12 of 2017
& O.A.Nos.394 & 395 of 2021
The Learned Counsel for the plaintiff has filed memo seeking leave
of this Court to withdraw the suit with liberty to file fresh suit if the defendant
resumes his business at the same venue on future date. Hence, the suit is
dismissed as withdrawn with liberty as prayed for. There shall be no order as to
costs. Consequently, connected Applications are closed.
26.08.2021
Index : Yes/No.
Internet : Yes/No.
https://www.mhc.tn.gov.in/judis/
C.S.(Comm.Div).No.12 of 2017
& O.A.Nos.394 & 395 of 2021
Dr.G.Jayachandran,J.
bsm
C.S.(Comm.Div).No.12 of 2017
& O.A.Nos.394 & 395 of 2021
26.08.2021
https://www.mhc.tn.gov.in/judis/
