Madras High Court
Mr.A.D.Padmasingh Isaav vs K.Periandavar on 11 January, 2021
C.S.No.277 of 2020, A.No.2431 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2021
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No.277 of 2020
and A.No.2431 of 2020
1.Mr.A.D.Padmasingh Isaav
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 ... Plaintiffs
..Vs..
K.Periandavar
Proprietor
Suji Tast Food Products
11-1-41E/3D, New Street,
Nilakottai - 624 208,
Dindigul District. ... Defendant
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https://www.mhc.tn.gov.in/judis/
C.S.No.277 of 2020, A.No.2431 of 2020
PRAYER : Plaint filed under and Order IV Rule 1 of the Original Side
Rules and Order VII Rule 1 of the CPC Read With Sections 27(2), 29, 134
and 135 of the Trademarks Act, 1999, prayed for a Judgment and Decree:-
(a) granting a permanent injunction, restraining the Defendant, by
itself, its servants, agents, distributors or anyone claiming through them from
manufacturing, selling, advertising and offering for sale using same or
similar label, get up, and colour scheme used by the Defendant shown in
Document No.2 or in relation to any masala and use the same pouches,
packets of masalas and spices or any other goods or by using any other
Trademark which is in any way visually and deceptively similar to the
Plaintiff's registered Trademark "AACHI MASALA KULAMBU
CHILLY POWDER" label as shown in Document No.1 or by using any
other Trademark which is in any way visually, and deceptively similar to the
Plaintiff's registered Trademark No.1318495 or in any manner infringe the
Plaintiff's registered Trademark.
(b) granting a permanent injunction, restraining the Defendant, by
itself, its servants, agents, distributors, or anyone claiming through them
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https://www.mhc.tn.gov.in/judis/
C.S.No.277 of 2020, A.No.2431 of 2020
from manufacturing, selling, advertising and offering for sale using same or
similar get up, and colour scheme used by the Defendant shown in
Document No.2 or by using any other trade mark which is in any way
visually or deceptively similar to the Plaintiff's Trademark "AACHI
MASALA KULAMBU CHILLY POWDER" label as shown in
Document No.1 or AACHI in relation to any masala items and use the same
pouches, packets of masalas and spices or any other goods or use the mark in
invoices, letters heads and visiting cards or any other trade literature or by
using any other Trademark which is in any way visually and deceptively
similar to the Plaintiff's Trademarks "AACHI MASALA KULAMBU
CHILLY POWDER" as shown in Document No.1 or AACHI in any
manner pass off the Plaintiffs goods.
(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 SUJI TAST and packets in the Color Scheme and Get up
as shown in Document No.2 or other deceptively similar trade mark used in
the pouches and packets in respect of masalas.
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https://www.mhc.tn.gov.in/judis/
C.S.No.277 of 2020, A.No.2431 of 2020
(d) Directing the defendant to render an account of profits made
by them by the use of the impugned Trademark get up as shown in
Document No.2 on the goods 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 of the
suit.
For Plaintiffs : M/s.C.Daniel
For Defendant : M/s.S.Ezil Raj
*******
JUDGMENT
A Memorandum of Compromise dated 30.12.2020 had been
presented in Court on 07.01.2021, which has been signed by the Proprietor
of the first plaintiff and the Director of the second plaintiff and by the
Proprietor of the defendant.
https://www.mhc.tn.gov.in/judis/
C.S.No.277 of 2020, A.No.2431 of 2020
2. The relevant portions of the Memorandum of Compromise are
as follows:
"1. The Defendant agrees that the 1st Plaintiff is
the Registered Proprietor of the Trademark AACHI in
word and various device registrations.
2. The Defendant agrees that the 1st Plaintiff is
the prior user of the Trademark AACHI and the 2nd
Plaintiff is its licensee.
3. The Plaintiffs and the Defendant have agreed
to compromise the matter in the following terms:
4. The terms Plaintiffs and Defendant shall mean
and include its heirs, executors, administrators, successors
and assigns of each party.
5. The Defendant submits to a Judgment and
Decree as prayed for in terms of prayers [a] & [b] of para
https://www.mhc.tn.gov.in/judis/
C.S.No.277 of 2020, A.No.2431 of 2020
34 of the Plaint for
(a) granting a permanent injunction,
restraining the Defendant, by itself, its servants, agents,
distributors or anyone claiming through them from
manufacturing, selling, advertising and offering for sale
using same or similar label, get up, and colour scheme
used by the Defendant shown in Document No.2 or in
relation to any masala and use the same pouches,
packets of masalas and spices or any other goods or by
using any other Trademark which is in any way visually
and deceptively similar to the Plaintiff's registered
Trademark "AACHI MASALA KULAMBU CHILLY
POWDER" label as shown in Document No.1 or by
using any other Trademark which is in any way visually,
and deceptively similar to the Plaintiff's registered
Trademark No.1318495 or in any manner infringe the
Plaintiff's registered Trademark.
https://www.mhc.tn.gov.in/judis/
C.S.No.277 of 2020, A.No.2431 of 2020
(b) granting a permanent injunction, restraining
the Defendant, by itself, its servants, agents, distributors,
or anyone claiming through them from manufacturing,
selling, advertising and offering for sale using same or
similar get up, and colour scheme used by the Defendant
shown in Document No.2 or by using any other trade
mark which is in any way visually or deceptively similar to
the Plaintiff's Trademark "AACHI MASALA KULAMBU
CHILLY POWDER" label as shown in Document No.1
or AACHI in relation to any masala items and use the
same pouches, packets of masalas and spices or any other
goods or use the mark in invoices, letters heads and
visiting cards or any other trade literature or by using any
other Trademark which is in any way visually and
deceptively similar to the Plaintiff's Trademarks "AACHI
MASALA KULAMBU CHILLY POWDER" as shown in
Document No.1 or AACHI in any manner pass off the
Plaintiffs goods.
https://www.mhc.tn.gov.in/judis/
C.S.No.277 of 2020, A.No.2431 of 2020
6. The Plaintiffs have absolutely no objection for
the Defendant and their men and agents to use only the
carton / label / packets as shown in ANNEXURE - A.
7. The Defendant undertakes not to oppose the
Trademark Applications filed by the Plaintiffs for
registration of the Trademark AACHI.
8. The Defendant shall withdraw any
Application for Registration of the Trade Mark as
contained in Plaint Document.
9. The Defendant shall not use the Trademark
AACHI (word) & (device) or any of the label marks
belonging to the Plaintiffs.
10. The Defendant has not adopted and shall not
adopt any of the word or visual features of the Plaintiff's
Trademark AACHI in future.
https://www.mhc.tn.gov.in/judis/
C.S.No.277 of 2020, A.No.2431 of 2020
11. In view of the decree for permanent
injunction the Plaintiff's have given up the relief contained
in prayers [c], [d] & [e] in para 34 of the suit including
cost of the suit."
3. In view of the same, suit is decreed in terms of Memorandum of
Compromise. No order as to costs. Consequently, the connected
Application is closed. The Memorandum of Compromise and the Annexure
- A shall shall form part of the Decree.
11.01.2021
Index : Yes / No
Web : Yes / No
rna
https://www.mhc.tn.gov.in/judis/
C.S.No.277 of 2020, A.No.2431 of 2020
C.V.KARTHIKEYAN, J
rna
C.S.No.277 of 2020
and A.No.2431 of 2020
11.01.2021
https://www.mhc.tn.gov.in/judis/
