Madras High Court
A.D.Padmasingh Isaac vs Aachi Mes on 23 November, 2021
Civil Suit No.294 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.11.2021
CORAM
THE HONOURABLE Mr. JUSTICE N.ANAND VENKATESH
Civil Suit No.294 of 2020
(Comm. Suit)
1. 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 Pvt Ltd,
No.1926, 34th Street, I Block,
Ishwarya Colony, Anna Nagar West,
Chennai-600 040
Represented by its Director
Mrs.Shiny Ashwin .. Plaintiffs
Vs.
Aachi Mes
MMR Complex, Loop Road,
Acharapakkam,
Melmaruvathur-603301. .. Defendant
Prayer:-
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Civil Suit No.294 of 2020
Civil Suit has been filed under Order IV, Rule 1 of O.S. Rules and
Order VII, Rule 1 of the Code of Civil Procedure read with Sections
27(2), 29, 134 and 135 of the Trade Marks Act, 1999, praying to pass
judgment and decree against the defendants.
(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 'AACHI MES' 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 plaintiff's 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 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 plaintiff's 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 'AACHI MES' in relation to the Restaurant or with respect to
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Civil Suit No.294 of 2020
or 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 plaintiff's trade mark/name AACHI/AACHI
CHETTINAD RESTAURANT/AACHI KITCHEN or in any other manner
pass off their hotel, business or goods as and for that of the plaintiffs.
(c) directing the defendant to surrender to the plaintiff all the
packing material, cartons, advertisement materials and hoardings, letter-
heads, visiting cards, office stationery and all other materials
containing/bearing the name 'AACHI MES' 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 'AACHI MES' 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 : Mrs.Gladys Daniel
For Defendant : Mr.Baskar
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JUDGMENT
https://www.mhc.tn.gov.in/judis
Civil Suit No.294 of 2020
The plaintiffs, who were aggrieved with the infringement of the
registered trademark, approached this Court and filed a suit against the
defendant seeking for various reliefs. During the pendency of the suit, the
parties were able to reach a compromise and accordingly, a memo of
compromise signed by the parties and their respective counsel has been
filed before this Court.
2. The terms of the memorandum of compromise are extracted
hereunder:
'1. The defendant submit that he had running a restaurant
name and style of AACHI MESS and further he doesn't have any
knowledge and previous intimation about the trademark AACHI
in word and various registration by the plaintiff.
2. The plaintiffs has claimed in the above suit that they
have been registered the word in various registration hence the
defendant doesn''t want to continue his business in the name
and style of AACHI MESS.
3. The defendant submit that hereafter he doesn't wants to
any conflict, disputes, quarrel and dissension with the plaintiffs
and to run the restaurant as well as not wants to confrontation
before the court of law with the plaintiff for using the word
AACHI hence the defendant has modified the restaurant name
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Civil Suit No.294 of 2020
and style of all the restaurants and branches to 'KARAIKUDI
THAYAMMA MESS” in lieu of Aachi mess
4. The defendant submit that hereafter he never use or
claim the word “AACHI” at any time for his business.
5. The defendant submit that hereafter he never adopt
and shall not adopt any of the word or visual features of the
plaintiffs trademark AACHI in future.
6. The defendant shall not make any application for
registration of the trademark AACHI or its formative marks in
future.
7. The plaintiffs have no objection to the defendant
changing restaurant name and style of KARAIKUDI
THAYAMMA MESS instead of AACHI MESS.
8. The plaintiffs assures that hereafter he never disturb
the defendant's business to run in the name and style of
“KARAIKUDI THAYAMMA MESS”
In view of the above compromise, the confliction between
the plaintiffs and the defendant have ended.
It is therefore prayed that this Memo of Compromise may
be recorded and the suit may be decreed in terms of the Memo
of Compromise and thus render Justice.'
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Civil Suit No.294 of 2020
3. In view of the above, the suit is decreed in terms of the
memorandum of compromise and the memorandum of compromise shall
form part of the decree. In the facts and circumstances of the case, there
shall be no order as to costs.
23.11.2021
mk
Index : Yes/No
Speaking / Non-speaking
To
The Sub-Assistant Registrar,
Original Side,
High Court, Madras.
N.ANAND VENKATESH, J.,
mk
https://www.mhc.tn.gov.in/judis
Civil Suit No.294 of 2020
C.S.No.294 of 2020
(Comm. Suit)
23.11.2021
https://www.mhc.tn.gov.in/judis
