Madras High Court
Mr.A.D.Padmasingh Issac vs Aachi Mess on 13 June, 2022
C.S.(Comm.Div.) No.66 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.(Comm.Div.) No.66 of 2022
and O.A.Nos.182, 183 of 2022
and A.No.1467 of 2022
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.
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C.S.(Comm.Div.) No.66 of 2022
Aachi Mess
College to Railway Station Road,
Karaikudi - 630 003. ... Defendant
PRAYER: Plaint filed under 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 Judgment and Decree:-
(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 MESS' 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
trademark / name which is in any way visually or deceptively or
phonetically similar to the 1st plaintiff's trademark / name AACHI /
AACHI CHETTUNAD RESTAURANT / AACHI KITCHEN and use
the same in pouches, packets or use the mark in invoices, letter heads and
visiting cards, website, internet advertisements or part of their restaurant
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C.S.(Comm.Div.) No.66 of 2022
name any other trade literature or Menu card by using any other trademark
which is in any way visually, or phonetically similar to the plaintiff's
registered Trademark Nos.838786, 1116254, 1479159, 1715718 & 2965624
or in any manner infringing the 1st plaintiff's registered Trademarks 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 MESS" 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 plaintiff's Trademark / name AACHI / AACHI
CHETTINAD RESTAURANT / AACHU KITCHEN or in any other
manner pass off their hotel, business or goods as and for that of the
plaintiffs.
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C.S.(Comm.Div.) No.66 of 2022
(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 "AACHI MESS" or other identical trademark 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 MESS" 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 : Ms.T.Hemalatha for Mr.C.Daniel
**********
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C.S.(Comm.Div.) No.66 of 2022
JUDGMENT
The suit was filed for permanent injunctions to restrain alleged
infringement and passing off, and for ancillary orders for surrender of
infringing materials, rendition of accounts and costs.
2. The parties entered into negotiations and executed a Memorandum
of Compromise dated 16.05.2022. On perusal, each of the three plaintiffs
and the sole defendant, as also the respective counsel, have signed the
Memorandum of Compromise. As per the said Memorandum of
Compromise, the defendant has submitted to a Judgment and Decree in
terms of prayers (a) and (b) of paragraph 43 of the plaint, and the plaintiffs
have relinquished the reliefs prayed for as prayers (c), (d) and (e) in
paragraph 43 of the plaint. The parties have also agreed to other related
terms. There is no legal impediment to the issuance of a decree in terms of
the Memorandum of Compromise.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.66 of 2022
3. Accordingly, C.S.(Comm.Div.) No.66 of 2022 is decreed in terms
of the Memorandum of Compromise dated 16.05.2022, which shall form an
integral part thereof. In view of the agreement between the parties, there
will be no order as to costs. Consequently, O.A.Nos.182, 183 of 2022 and
A.No.1467 of 2022 are also closed.
13.06.2022
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Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.66 of 2022
SENTHILKUMAR RAMAMOORTHY,J
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CS.(Comm.Div.) No.66 of 2022
and O.A.Nos.182, 183 of 2022
and A.No.1467 of 2022
13.06.2022
https://www.mhc.tn.gov.in/judis
