Madras High Court
Ishwarya Colony vs Aachiamman Chit Funds Private ... on 7 July, 2021
C.S.(Com.Div.) No.293 of 2020
& O.A.Nos.549 & 550 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.07.2021
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.(Com.Div.) No.293 of 2020
and
O.A.Nos.549 & 550 of 2020
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.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.Aachi Spices and Foods Private Limited,
No.1926, 34th Street, I Block,
Ishwarya Colony, Anna Nagar Wast,
Chennai-600 040.
Represented by its Director
Mr.Ashwin Pandian
4.Aachi Special and Foods Private Limited,
No.1926, 34th Street, I Block,
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.293 of 2020
& O.A.Nos.549 & 550 of 2020
Ishwarya Colony, Anna Nagar Wast,
Chennai-600 040.
Represented by its Director
Mr.Ashwin Pandian
5.Aachi Spices and Condiments Private Limited,
No.1926, 34th Street, I Block,
Ishwarya Colony, Anna Nagar Wast,
Chennai-600 040.
Represented by its Director
Mr.Ashwin Pandian .. Plaintiffs
/versus/
Aachiamman Chit Funds Private Limited,
No.A.P.234, Ground Floor,
Kambar Colony,
31st Street, Anna Nagar West,
Chennai-600 040. .. Defendant
This Civil Suit is filed under Order IV Rule 1 Original Side
Rules read with Order VII Rule 1 of CPC 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 any one claiming through him from manufacturing,
selling advertising and offering for sale using the name
'AACHIAMMAN CHIT FUNDS P Ltd' or any other similar trademark
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 trademark/name which is in any way visually or deceptively or
phonetically similar to the 1st plaintiffs' Trademark/name “AACHI” and
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.293 of 2020
& O.A.Nos.549 & 550 of 2020
use the same in pouches, packets or use the mark in invoices, letters
heads and visiting cards or part of their chit fund name any other trade
literature or boucher by using any other trademark which is in any way
visually or phonetically similar to the plaintiffs' registered Trademark
Nos.838786, 3370965, or in any manner infringing the 1st plaintiff's
registered trademark referred herein;
(b) granting a permanent injunction, restraining the Defendant,
by itself, its servants, agents, distributors, or any one 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 'AACHIAMMAN CHIT FUNDS P Ltd' in
relation to the chit fund or with respect to or any other trade or on any
other business the impugned trademark/name which is in any manner
deceptively or phonetically confusingly similar to the plaintiff's
trademark/name AACHI or in any other manner pass off their business or
goods as and for that of the plaintiffs;
(c) directing the Defendant to surrender to the Plaintiffs' all the
packing materials, cartons, advertisement materials and hoardings, letter-
heads, visiting cards, office stationery and all other materials containing /
bearing the name 'AACHIAMMAN CHIT FUNDS P Ltd' or other
identical trade mark used in the pouches and packets bearing the word
AACHI;
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.293 of 2020
& O.A.Nos.549 & 550 of 2020
(d) directing the Defendant to render an account of profits
made by them by the use of the impugned Trademark 'AACHIAMMAN
CHIT FUNDS P Ltd' 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; and
(e) directing the Defendant to pay to the Plaintiffs' the costs to
the suit.
For plaintiff : Ms.Gladys Daniel
JUDGMENT
On going through the plaint, this Court finds that the plaintiff
herein claims an exclusive right over the use of the name Aachi, which is
his registered Trademark for food products and spices. Hence, the present
suit is filed against the defendant who is running a private chit fund
limited by name AACHIAMMAN CHIT FUNDS P Ltd.
2. This Court has entertained the suit at inception and ordered
summons to the defendant. From the Registry record this Court finds that
the defendant has left the premises and therefore, summons returned
unserved as vacated. Even though the defendant has not found and not
served, this Court is disturbed by the way in which this sort of suit is
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.293 of 2020
& O.A.Nos.549 & 550 of 2020
filed alleging infringement of copy right and trademark. This is the case
where this Court finds that there is no semblance of apprehension for the
plaintiff to say that Aachi Amman chit fund private limited causes
infringement of his trademark “Aachi”. “Aachi” and “Aachiamman” are
neither phonetically similar nor visually similar. The plaintiff is not in
the business of finance. The word “Aachi” is a generic term however
have been widely identified to the food products and Indian spices sold
by the plaintiff. But, this does not vest any right to the plaintiff to claim
monopoly on the word “Aachi” wherever and whenever used with or
without suffix or prefix for other goods and services. Therefore, there is
no possibility of success for the plaintiff even if the matter is put for trial.
3. Hence, invoking the power under Order XIII A of the CPC
as amended by Commercial Courts Act, this suit is dismissed summarily.
Consequently, connected applications are also dismissed. No costs.
07.07.2021
Index : yes/no
rpl
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.293 of 2020
& O.A.Nos.549 & 550 of 2020
Dr.G.JAYACHANDRAN,J.
rpl
C.S.(Com.Div.) No.293 of 2020
& O.A.Nos.549 & 550 of 2020
07.07.2021
https://www.mhc.tn.gov.in/judis/
