Madras High Court
A.D.Padmasingh Isaac vs M/S.Selvee Indigenous Food Factory ... on 9 January, 2025
Author: Abdul Quddhose
Bench: Abdul Quddhose
(T)OP(TM) No.524 of 2023
IN THE HIGH COURT OF JUDICATUE AT MADRAS
DATED: 09.01.2025
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
(T)OP(TM) No.524 of 2023
and
C.S.(Comm.Div.)No.141 of 2020
(T)OP(TM) No.524 of 2023
A.D.Padmasingh Isaac ...Petitioner
-VS-
1.M/s.Selvee Indigenous Food Factory India Pvt. Ltd.,
Karaikudi.
2.The Registrar of Trade Marks,
Chennai. ...Respondents
C.S.(Comm.Div.) No.141 of 2020
1.A.D.Padmasingh Isaac
2.M/s.Aachi Masala Foods (P) Ltd.,
Chennai. .. Plaintiffs
Vs.
1.Jeyasathya Agro Food Products Pvt. Ltd.,
Karaikudi.
2.Selvee Indigenous Food Factory India Pvt. Ltd.,
Karaikudi. .. Defendants
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(T)OP(TM) No.524 of 2023
Prayer in (T)OP(TM) No.524 of 2023:- This petition is filed seeking to
rectify/cancel the registration of the Trade Mark “PARAMPARIYA
APPACHI RICE” under No.4048344 in Class 30, dated 07.01.2019.
Prayer in C.S.(Comm.Div.No.141 of 2020:- This suit is filed under order
IV Rule of the OS Rules and Order VII Rule 1 of CPC read with Sections
27(2), 29, 134 and 135 of the Trade Marks Act, 199, seeking,
a) to grant a permanent injunction, restraining the Defendants, by itself,
its servants, agents, distributors, or anyone claiming through him from
manufacturing, selling, advertising, offering for sale and running the
website using same or similar or identical Trade Mark APPACHI or any
other similar Trademark or in any media and use the same in invoices,
website, letter heads and visiting cards, rice or rice products or any other
goods by using any other Trademark which is in any way visually or
phonetically similar to the 1st Plaintiff's Trademark AACHI and 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,
or phonetically similar to the Plaintiffs' registered Trademark No.
976559, 1116254, 3370962 and 3371000 or in any manner infringe the
1st Plaintiff's registered Trademark;
(b) to grant a permanent injunction, restraining the Defendants, by itself,
its servants, agents, distributors, or anyone claiming through him from
manufacturing, selling, advertising, offering for sale and running the
website using deceptively and phonetically similar Trade Mark
APPACHI or any other similar Trademark or in any media and use the
same in invoices, letter heads and visiting cards, rice or rice products or
any other goods by using any other trade mark which is in any way
visually or deceptively or phonetically similar to the Plaintiffs'
Trademark AACHI 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, or phonetically similar to the Plaintiffs' Trademark
AACHI or in any manner pass off the Plaintiffs' goods;
(c) to direct the Defendants to surrender to the Plaintiffs all the packing
material, cartons, advertisement materials and hoardings, letter-heads,
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(T)OP(TM) No.524 of 2023
visiting cards, office stationery and all other materials containing/bearing
the name APPACHI or other deceptively or phonetically similar trade
mark used in the pouches and packets;
(d) to direct the Defendants to render an account of profits made by them
by the use of the impugned Trademark APPACHI and decree the suit for
the profits found to have been made by the Defendants, after the
Defendants have rendered accounts; and
(e) to direct the Defendants to pay to the Plaintiffs the costs to the suit
(T)OP(TM) No.524 of 2023
For Petitioner : Ms.Gladys Daniel
For R1 : Mr.G.K.Muthukumar
for Mr.S.K.Chandrakumar
For R2 : Mr.A.R.Sakthivel, SPC
C.S.(Comm.Div.) No.141 of 2020
For Plaintiffs : Ms.Gladys Daniel
For D2 : Mr.G.K.Muthukumar
for Mr.S.K.Chandrakumar
COMMON JUDGMENT
The parties have settled the dispute amicably by entering into a
Memorandum of Compromise (MoC) dated 07.01.2025. The said MoC
has been signed by the parties to the dispute and counter-signed by the
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respective counsels. In terms of the MoC dated 07.01.2025, the suit as
well as OP are disposed of. The said MoC dated 07.01.2025 shall form
part of this judgment. No Costs. Registry is directed to draft the decree
in terms of this judgment and issue the same to the respective counsels
within a period of two weeks from the date of filing of the copy
application.
09.01.2025
rkm
https://www.mhc.tn.gov.in/judis
ABDUL QUDDHOSE,J.
rkm
and
C.S.(Comm.Div.)No.141 of 2020
09.01.2025
https://www.mhc.tn.gov.in/judis
