Madras High Court
Mr.A.D.Padmasingh Issac vs Karaikudi Aachi Biriyani on 20 April, 2022
C.S.(Comm.Div.) No.165 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.04.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.165 of 2021
1.Mr.A.D.Padmasingh Issac
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.
Karaikudi Aachi Biriyani
No.3, Lakshmi Talkies Road,
Aminjikarai,
Chennai - 600 029. ... Defendant
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C.S.(Comm.Div.) No.165 of 2021
PRAYER: Plaint filed under Order IV Rule 1 of the 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 prayed for Judgment and Decree:-
(a) For 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 'KARAIKUDI AACHI BIRIYANI /
KARAIKUDI ACHI BIRIYANI' 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.
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C.S.(Comm.Div.) No.165 of 2021
(b) For 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 'KARAIKUDI AACHI BIRIYANI / KARAIKUDI ACHI BIRIYANI' in
relation to the Restaurant or with respect to 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 plaintiffs'
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 plaintiffs all the
packing material, cartons, advertisement materials and hoardings, letter-
heads, visiting cards, office stationery and all other materials
containing/bearing the name 'KARAIKUDI AACHI BIRIYANI / KARAIKUDI
ACHI BIRIYANI' or other identical trade mark used in the pouches and
packets bearing the word AACHI/AACHI CHETINAD RESTAURANT/AACHI
KITCHEN.
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C.S.(Comm.Div.) No.165 of 2021
(d) Directing the Defendant to render an account of profits made by
them by the use of the impugned trademark 'KARAIKUDI AACHI
BIRIYANI/KARAIKUDI ACHI BIRIYANI' 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 : Mr.Gladys Daniel
For Defendant : Mr.S.N.Arunkumar
**********
JUDGMENT
The suit was filed for injunctive relief in respect of alleged
infringement of Trademark and passing off, surrender of infringing
materials and rendition of accounts with a decree of profits.
2. Subsequently, the parties concluded a settlement and filed a
Memorandum of Compromise dated 29.03.2022. The said Memorandum
of Compromise has been signed by each of the 3 plaintiffs, the defendant
and their respective counsel.
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C.S.(Comm.Div.) No.165 of 2021
3. On perusal, the defendant has submitted to a decree in terms of
prayers a) and b) of paragraph 42 of the plaint and the plaintiffs have
agreed to relinquish the relief claimed as prayer c), d) and e) of
paragraph 42 of the plaint. The parties have also agreed upon other
terms and conditions in relation to pending Trademark applications and
future applications. There is no legal impediment to the issuance of a
decree in terms of the said Memorandum of Compromise.
4. Accordingly, C.S.(Comm.Div.) No.165 of 2021 is decreed in
terms of the Memorandum of Compromise dated 29.03.2022, which
shall form an integral part thereof. In the facts and circumstances, there
shall be no order as to costs.
20.04.2022
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Index : Yes / No
Internet : Yes / No
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C.S.(Comm.Div.) No.165 of 2021
SENTHILKUMAR RAMAMOORTHY,J
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