Mr. A. D. Padmasingh Isaac vs Karaikudi Achi Mess
2023 Latest Caselaw 9744 Mad

Citation : 2023 Latest Caselaw 9744 Mad
Judgement Date : 7 August, 2023

Madras High Court

Mr. A. D. Padmasingh Isaac vs Karaikudi Achi Mess on 7 August, 2023

                                                               C.S.(Comm.Div) No.144 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 07.08.2023

                                                    CORAM

                                     THE HONOURABLE Ms.JUSTICE P.T.ASHA

                                           C.S.(Comm.Div) No.144 of 2023
                                          and O.A.Nos.530 and 531 of 2023
                                          and A.Nos.2997 and 2998 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, 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. Flora Foods A Partnership Firm, No. 1926, 34th Street, I Block Chennal 600 040 Ishwarya Colony, Anna Nagar West, Represented by its Partner Mrs. Thelma Isaac ...Plaintiffs

Versus

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div) No.144 of 2023

1. Karaikudi Achi Mess Fairlands Salem-636 016, Tamil Nadu

2. Google LLC, 1600, Amphitheatre Parkway.

Mountain View, California, USA ...Defendants

PLAINT FILED UNDER ORDER IV RULE 1 OF THE O.S. RULES AND 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 ACHI 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, websites, mobile applications, social media platforms and internet advertising or by using any other trade mark/name

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div) No.144 of 2023

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/AACHI NAMMA KITCHEN/AACHI BHAVAN and use the same in pouches, packets or use the mark in invoices, letters heads and visiting cards, website 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 & 5446987 or in any manner infringing the 1st Plaintiffs registered Trade Marks referred herein.

b) granting a permanent injunction restraining the 1"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 ACHI 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 Plaintiffs Trade Mark/name AACHI/AACHI CHETTINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div) No.144 of 2023

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 ACHI MESS' of the 1st Defendant from the business listings in the WebPages of the 2nd Defendant as reflected in the following link:

https://www.google.com/maps/place/Karaikudi Achi-Mess/@11.66 90584.78.1416787.15z/data=!4m5!3m4!1s0x0:0xd0b70bdaf1d2944a! 8m2!3d1 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 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 ACHI MESS' or other

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div) No.144 of 2023

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 ACHI 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.

For plaintiff :Ms.Gladys Daniel

For Defendant-1 : Not ready in notice

For Defendant-2 : Mr.G.Balasubramanian for M/s.Leela and Co.

JUDGMENT

It is informed by the learned counsel for the second defendant that

they have removed the review that was put up by the first defendant on

their site.

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div) No.144 of 2023

2. The notice which has been issued to the first respondent has

been returned with an endorsement "No such business has been carried

on in the said premises".