Madras High Court
A.D.Padmasingh Isaac vs V.Senthil Kumar on 12 September, 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)OP(TM)/423, 457/2023
(ORA/158, 159/2011/TM/CH)
and C.S.No.87 of 2008
and O.A.No.118 of 2008
and A.No.1400 of 2008
(T)OP(TM)/423, 457/2023
A.D.Padmasingh Isaac
Old No.4, New No.181/1,
6th Avenue, Thangam Colony,
Anna Nagar,
Chennai 600 040. ... Petitioner in both OP's
-vs-
1.V.Senthil Kumar,
Sole Proprietor,
Trading as R.C.Traders,
No.1, Pari Street,
Annanedumpathi,
Choolaimedu,
Chennai - 600 094.
2.The Registrar of Trademarks,
Office of the Trademarks Registry,
Intellectual Property Building,
GST Road, Guindy,
Chennai 600 032. ... Respondents in both OP's
1/10
https://www.mhc.tn.gov.in/judis
COMMON PRAYER in (T)OP(TM)/423, 457/2023: Transfer Original
Petitions (Trademarks) filed under Sections 47 and 57 of the Trade
Marks Act, 1999, praying to allow the application and remove /
rectify the entry in the Trade Mark Registry under Nos.1580696,
1580695, respectively, dated 17.07.2007 in Class 30 in the name of the
respondent.
For Petitioner : Mrs.Gladys Daniel
in both OP's
For Respondent 1 : Mr.Amar D.Pandiya
in both OP's
For Respondent 2 : Mr.K.Subbu Ranga Bharathi, CGSC
in both OP's
**********
C.S.(Comm.Div.) No. 87 of 2008
1.Mr.A.D.Padmasingh Isaac
Trading as 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 (P) Ltd.,
No.6, Ground Floor,
https://www.mhc.tn.gov.in/judis
15th Street, Anna Nagar, 'G' Block,
Chennai 600 040.
Represented by its Director
Mr.Ashwin Pandian ... Plaintiffs
-vs-
V.Senthil Kumar,
1, Pari Street,
Annanedumpathi,
Choolaimedu,
Chennai - 600 094. ... 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 Trade Marks Act, 1999, praying for a Judgment
and Decree:-
(a) granting a permanent injunction, restraining the Defendant,
by itself, its servants, agents, distributors, or anyone claiming
through him from manufacturing, selling, advertising and offering
for sale of Masala spices or food preparations in Class 29 & 30 using
trade mark AACHI or AARCEE or any other similar sounding
expression or in any media and use the same in invoices, letter heads
and visiting cards or by using any other trade mark which is in any
https://www.mhc.tn.gov.in/judis
way visually or deceptively or phonetically similar to the Plaintiffs'
trade mark AACHI or in relation to any spice or food preparation in
Class 29 & 30 items and use the same pouches, packets or use the
mark in invoices, letters heads and visiting cards or any other trade
literature or by using any other trade mark which is in any way
visually, or phonetically similar to the Plaintiffs' registered Trade
Mark Nos.922594, 922595, 1318494 & 1318495 or in any manner
infringe the Plaintiffs' registered Trade Mark.
(b) 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 AARCEE and packets or other
deceptively similar trade mark used in the pouches and packets in
respect of masalas.
(c) directing the Defendant to render an account of profits
made by them by the use of the impugned trademark on the goods
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referred and decree the suit for the profits found to have been made
by the Defendant, after the Defendant have rendered accounts.
(d) directing the Defendant to pay to the Plaintiffs the costs to
the suit, and
(e) pass such further or other order, as this Honourable Court
may deem fit and proper in the circumstances of the case and thus
render justice.
For Plaintiffs : Mrs.Gladys Daniel
for M/s.C.Daniel
For Defendant : Mr.Amar D.Pandiya
**********
COMMON ORDER
Both the civil suit and the rectification petitions were instituted
by Mr.A.D.Padmasingh Isaac, trading as Aachi Spices and Foods.
The parties reached a settlement and executed a Memorandum of
Compromise dated 31.08.2023. The relevant terms and conditions of
the said Memorandum of Compromise are set out below:
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"6. The Defendant submit to a Judgment
and decree as prayed for in terms of prayer [a] of
para 27 of the Plaint for
(a) granting a permanent injunction,
restraining the Defendant, by itself, its servants,
agents, distributors, or anyone claiming through
him from manufacturing, selling, advertising and
offering for sale of Masala spices or food
preparations in Class 29 & 30 using trade mark
AACHI or AARCEE or any other similar
sounding expression or in any media and use the
same in invoices, letter heads and visiting cards or
by using any other trade mark which is in any
way visually or deceptively or phonetically similar
to the Plaintiffs' trade mark AACHI or in relation
to any spice or food preparation in Class 29 & 30
items and use the same pouches, packets or use the
mark in invoices, letters heads and visiting cards
or any other trade literature or by using any other
trade mark which is in any way visually, or
phonetically similar to the Plaintiffs' registered
Trade Mark Nos.922594, 922595, 1318494 &
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1318495 or in any manner infringe the Plaintiffs'
registered Trade Mark.
7. The Defendant undertakes not to oppose
the Applications filed by the Plaintiffs for the
registration of the trademark AACHI.
8. The Defendant shall not use or make any
application for registration of the Trademark
AACHI / AARCEE (word) and / or (device) or
any other similar Trade Mark name or similar
sounding expression in any media or other
deceptively similar trade mark used and its
formative marks in future in the pouches and
packets in respect its goods.
9. The Defendant shall not adopt any of the
word or visual features of the Plaintiffs'
Trademark AACHI or any mark deceptively
similar thereto in future.
10. The Defendant's Trademark
Registrations of the Trademark AARCEE under
Nos.1567652 & 1580695 dated 12.06.2009 &
17.07.2007 will be cancelled / rectified."
2. Upon examining the above terms, I see no impediment in the
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disposal of the suit and the rectification petitions in terms thereof.
Accordingly, C.S.No.87 of 2008 is decreed on the terms set out below
and (T)OP(TM)/423, 457/2023 are disposed of on the terms indicated
below:
(i) There shall be a decree of permanent injunction restraining
the Defendant, by itself, its servants, agents, distributors, or anyone
claiming through him from manufacturing, selling, advertising and
offering for sale of masala spices or food preparations in Classes 29 &
30 using trade mark AACHI or AARCEE or any other similar
sounding expression or in any media and use the same in invoices,
letter heads and visiting cards or by using any other trade mark
which is in any way visually or deceptively or phonetically similar to
the Plaintiffs' trade mark AACHI or in relation to any spice or food
preparation in Classes 29 & 30 and use the same pouches, packets or
use the mark in invoices, letters heads and visiting cards or any other
trade literature or by using any other trade mark which is in any way
visually, or phonetically similar to the Plaintiffs' registered Trade
https://www.mhc.tn.gov.in/judis
Mark Nos.922594, 922595, 1318494 & 1318495 or in any manner
infringe the Plaintiffs' registered trade mark.
(ii) The reliefs claimed as prayers (b), (c), (d) and (e) in
paragraph 27 of the suit are rejected in view of the settlement.
(iii) The Registrar of Trade Marks is directed to cancel the
certificates of registration of Trademark Nos.1580696 and 1580695
and remove the entries relating thereto from the Register of Trade
Marks.
(iv) In view of the settlement, there shall be no order as to costs.
(v) Consequently, O.A.No.118 of 2008 and A.No.1400 of 2008
are closed.
12.09.2023
rna/ssa
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
SENTHILKUMAR RAMAMOORTHY,J
rna/ssa
(T)OP(TM)/423, 457/2023
(ORA/158, 159/2011/TM/CH)
and C.S.No.87 of 2008
and O.A.No.118 of 2008
and A.No.1400 of 2008
12.09.2023
https://www.mhc.tn.gov.in/judis
