S.Sudhakar v. M/S.Udayam Marketing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 12.09.2018

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR C.S.No.430 of 2009

1. S.Sudhakar

1. Shri Lakshmi Agro Foods Pvt.Ltd., No.9, N.N.Garden, 10th street, Chennai � 600 021 Rep. by its Managing Director Mr.S.Sudhakar .. Plaintiffs

Vs.

M/s.Udayam Marketing, No. 10/2, Vaidhyachetty Street, Vellore. .. Defendant

This Civil Suit is preferred, under Order IV Rule 1 of O.S. Rules read with Section 27, 29, 134 and 135 of the Trade Marks Act, 1999, seeking following reliefs:

a. A perpetual injunction restraining the defendant, its distributors, stockiest, servants, agents, retailers, representatives or any other person claiming under/through them from in any manner infringing the plaintiffs registered trademark 'UDHAIYAM' by manufacturing, selling, offering for sale, stocking, advertising, either directly and/or indirectly any goods and in particular any food and/or allied products including Asafoetida Powder (Perungaya thool) under the trademark 'UDAYAM' either per-se or in combination and/or any other mark either in English or Tamil or any other language, which is identical with and/or deceptively similar to plaintiffs' registered trademark "UDHAIYAM" or in any other manner whatsoever;