Madras High Court
Mr.A.D.Padmasingh Isaac vs Muthu Masala on 24 August, 2022
C.S.(Comm.Div.) No.135 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.(Comm.Div.) No.135 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 Nager, Chennai - 600 040.
2.M/s.Aachi Masala Foods (P) Limited,
Old No.4, New No.181/1,
6th Avenue, Thangam Colony,
Anna Nager, Chennai - 600 040.
Represented by its Director
Mr.Ashwin Pandian ... Plaintiffs
vs.
1.Muthu Masala
A Partnership Firm carrying out business at
S.F.No.136/1, Karatankadu Thottam,
K.Andipalayam, Pollikalipalayam Post,
Tirupur - 641 665,
Tirupur - District.
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C.S.(Comm.Div.) No.135 of 2020
2.Mr.M.Viswanathan
Partner of Muthu Masala
S.F.No.136/1, Karatankadu Thottam,
K.Andipalayam, Pollikalipalayam Post,
Tirupur - 641 665,
Tirupur - District.
3.Mrs.V.Nirmaladevi
Partner of Muthu Masala
S.F.No.136/1, Karatankadu Thottam,
K.Andipalayam, Pollikalipalayam Post,
Tirupur - 641 665,
Tirupur - District. ... Defendants
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) Granting a permanent injunction, restraining the defendants, 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 Defendants shown in Document
No.2 or in relation to any masala and use the same pouches, packets of
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C.S.(Comm.Div.) No.135 of 2020
masalas and spices or any other goods by using any other Trademark which is
in any way visually, and deceptively similar to the plaintiff's 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 defendants, 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 Defendants shown in Document No.2
or by using any other trademark 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
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C.S.(Comm.Div.) No.135 of 2020
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 Defendants 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 MUTHU MASALA 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.
(d) Directing the Defendants 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 Defendants, after the Defendant has rendered accounts.
(e) Directing the defendants to pay to the plaintiffs the costs to the suit.
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C.S.(Comm.Div.) No.135 of 2020
For Plaintiffs : Mr.Gladys Daniel
For Defendants : Mrs.V.Priya
for M/s.P.C.N.Raghupathy
**********
JUDGMENT
The suit was filed seeking relief in respect of alleged trademark
infringement and passing off. Pursuant to negotiations, the plaintiffs, on the
one hand, and the defendants, on the other, executed a Memorandum of
Compromise dated 18.08.2022. On perusal, both the plaintiffs and all three
defendants have signed the Memorandum of Compromise. In addition,
learned counsel representing the parties have also signed the same. As per
clause 5 thereof, the defendants have submitted to a judgment and decree in
terms of prayers (a) and (b) of paragraph 34 of the plaint. The plaintiffs have
acknowledged that they have no objection to the defendants or their agents
using the label annexed as annexure - A to the Memorandum of Compromise.
The parties have also agreed to other terms that are ancillary
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C.S.(Comm.Div.) No.135 of 2020
to the settlement. On examining the terms, there is no legal impediment to the
issuance of a decree in terms thereof.
2. Accordingly, C.S.(Comm.Div.) No.135 of 2020 is decreed in terms
of prayers (a) and (b) of paragraph 34 of the plaint. The Memorandum of
Compromise shall form an integral part of the decree. In view of the
settlement, there will be no order as to costs.
24.08.2022
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Index : Yes / No
Internet : Yes / No
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C.S.(Comm.Div.) No.135 of 2020
SENTHILKUMAR RAMAMOORTHY,J
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C.S.(Comm.Div.) No.135 of 2020
24.08.2022
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