Mr.A.D.Padmasingh Isaac vs Karaikudi Chettinad Aachi Mess
2023 Latest Caselaw 10118 Mad

                                                                     C.S.(Comm.Div.)No.125 of 2023




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 10.08.2023

                                                     CORAM

                                    THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                          C.S(Comm.Div.).No.125 of 2023
                                                       and
                                          O.A.Nos.477 & 479 of 2023 and
                                            A.Nos.2824 & 2825 of 2023

                     1.

Mr.A.D.Padmasingh Isaac Proprietor, Aachi Spices and Foods, Old No.4, New No.181/1, 6th Avenue, Thangam Colony, Anna Nagar, Ch-600040

2.M/s.Aachi Masala Foods Private Limited No.1926, 34th Street, I Block, Ishwarya Colony, Anna Nagar West, Chennai-600040 Represented by its Director Mr.Ashwin Pandian

3.Flora Foods A Partnership Firm, No.1926,34th Street, I Block, Ishwarya Colony, Anna Nagar West, Chennai-600040 Represented by its Partner Mrs.Thelma Isaac ...Plaintiffs

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.)No.125 of 2023

Vs.

1.Karaikudi Chettinad Aachi Mess Mannarpalayam Pirivu, Salem-636014, Tamil Nadu

2.Domains By Proxy, LLC 2150, E Warner Road, Tempe, Arizona 85284, USA ...Defendants

PRAYER: PLAINT FILED UNDER ORDER IV RULE 1 OF THE O.S. RULESAND ORDER VII RULE 1 OF THE C.P.C. R/W SECTIONS 27(2), 29,134 AND 135 OF TRADE MARKS ACT, 1999, praying to grant a judgment and decree.

a) granting a permanent injunction, restraining the 1st 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 CHETTINAD AACHI MESS' or

any other similar trade Mark name or similar sounding expression in any

media, websites, mobile applications, social media platforms and Internet

advertising 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

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.)No.125 of 2023

visually or deceptively or phonetically similar to the st Plaintiffs trade

mark/name AACHI/AACHI CHETTINAD RESTAURANT/AACHI

KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN and use the

same in pouches, packets or use the4 mark in invoices, letters heads and

visiting cards, websites, mobile applications, social media platforms and

Internet advertising 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, 5275581, 5274680 and 5446987 or

in any manner infringing the 1st Plaintiffs registered Trade Marks referred

herein.

b) granting a permanent injunction restraining the 1st 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, websites, mobile applications, social media

platforms and Internet advertisements the mark/name 'KARAIKUDI

CHETTINAD AACHI MESS' in relation to the Restaurant or with respect

to or any other food preparation or on any other business the impugned

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.)No.125 of 2023

trademark/name which is in any manner deceptively or phonetically

confusingly similar to the Plaintiffs Trade Mark/name AACHI/AACHI

CHETTINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA

KITCHEN/AACHI BHAVAN or in any other manner pass off their hotel,

business or goods as and for that of the Plaintiffs.

c) mandatory injunction directing the 2nd defendant to remove or

take down the name 'KARAIKUDI CHETTINAD AACHI MESS' of the

1st defendant from its' business listings in the websites;

'restaurantguru.com', owned and managed by the 2nd defendant as reflected

in the following link:-

http://restaurant-guru.in/Karaikudi-Chettinadu-Aachi-Mess-Salem-Tamil-Nadu

in relation to the Restaurant services or with respect to any other food

preparation or on any other similar business or providing information,

menus and user reviews pertaining to such Restaurant services or with

respect to any other food preparation or on any other similar business in any

manner so as to cause confusion to the public with respect to the Plaintiffs

Trade Mark/name AACHI/AACHI CHETTINAD

RESTAURANT/AACHI KITCHEN/AACHI NAMMA

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.)No.125 of 2023

KITCHEN/AACHI BHAVAN.

d) 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 'KARAIKUDI CHETTINAD AACHI

MESS' or other identical trade mark used in the pouches and packets

bearing the word AACHI/AACHI CHETINAD RESTAURANT/AACHI

KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN.

e) directing the Defendants to render an account of profits made by

them by the use of the impugned trademark 'KARAIKUDI CHETTINAD

AACHI MESS' on the service referred and decree the suit for the profits

found to have been made by the Defendants, after the Defendants has

rendered accounts:

f) directing the Defendants to pay to the Plaintiffs the costs to the

suit, and

g) pass such further or other orders, as this Hon'ble Court may deem

fit and proper in the circumstances of the case and thus render justice.

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.)No.125 of 2023

For Plaintiff : M/s.Gladys Daniel

For Defendants : M/s.Preeti Mohan [D.2]

: Not ready in notice [D.1]

JUDGMENT The cause of action for filing the above suit was the name of the 1st

Defendant being carried prominently in the web page of Google. However,

a perusal of the documents filed would itself reveal that even as on the date

of filing of the suit the web page of the 1st Defendant on the Google

platform showed the remarks closed.

2. This Court had once again cross-checked the entry by requesting

the Technical Assistant available in the Court to try and open the aforesaid

web page. On opening the said web page, it has been clearly stated that the

page has been permanently closed. Therefore, the cause of action upon

which the suit has been instituted no longer exists.

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.)No.125 of 2023

3. Therefore, nothing survives for consideration in the above suit and

the suit is accordingly dismissed as infructuous. Consequently, the

connected Applications are closed. No costs. It is left open to the Plaintiff to

issue necessary notice/letter to the host to remove the site since the person

concerned has permanently closed his business.

                                                                                              10.08.2023

                     Index       : Yes/No
                     Internet    : Yes/No
                     Neutral Citation : Yes/No
                     shr








https://www.mhc.tn.gov.in/judis
                                           C.S.(Comm.Div.)No.125 of 2023



                                                    P.T. ASHA, J,

                                                                    shr




                                  C.S.(Comm.Div.)No.125 of 2023
                                                             and
                                       O.A.Nos.477 & 479 of 2023
                                  and A.Nos.2824 & 2825 of 2023




                                                         10.08.2023








https://www.mhc.tn.gov.in/judis