In a trademark infringement suit seeking permanent injunction, parties reached a compromise. The Court allowed the suit in terms of the Joint Memo of Compromise dated 29.11.2019 without passing any specific order on costs.
Suit allowed in terms of the joint memo of compromise filed on 29.11.2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.S.No.545 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.12.2019
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.No.545 of 2018
1.Mr.A.D.Padmasingh Isaac
Trading as Aachi Spices and Foods,
Old No.4, New No.181/1,
6 th Avenue, Thangam colony,
Anna Nagar, Chennai-600 040.
2.M/s.Aacho Masala Foods (P) Ltd.,
Old No.4, New No.181/1,
6 th Avenue, Thangam colony,
Anna Nagar, Chennai-600 040.
Rep.by its Director
Mr.Ashwin Pandian .. Plaintiffs
/versus/
J.Sekar,
Trading as: Senthamil Kuzhambu Milagai Thull,
No.3/36, Keezha Street, Kiliyanur (PO),
Tharangambadi (TK),
Nagapattinam District-609 402. .. Defendant
This Civil Suit is filed under Order IV Rule 1 Original Side Rules read with Order VII Rule 1 of CPC and under Sections 27(2), 29, 134 and 135 of the Trade Marks Act, 1999, prayed 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 snacks or other goods using the Trade
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Mark “SENTHAMIL KUZHAMBU MILAGAI THULL”/AACHI MASALA KULAMBU CHILLY POWDER or any other similar Trade Mark or 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 plaintiff's trade marks AACHI MASALA KULAMBU CHILLY POWDER and use the same in pouches, spices or any other goods 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 plaintiff's registered Trade Mark No.1318495 or in any manner infringe the plaintiff's registered Trade Mark.
(b) 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 snacks or other goods using Trade Mark “SENTHAMIL KUZHAMBU MILAGAI THULL”/AACHI MASALA KULAMBU CHILLY POWDER or any other similar Trade Mark 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 plaintiff's Trade Mart AACHI MASALA KULAMBU CHILLY POWDER in respect of spices or any other goods or use the mark in invoices, letter 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 plaintiff's Trade Mark AACHI MASALA KULAMBU CHILLY POWDER or in any manner pass off the plaintiff's goods.
(c ) Directing the defendant to surrender to the plaintiff's all the packing material, cartons, advertisement materials and hoarding, letter-
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heads, visiting cards, office stationery and all other materials containing/bearing the Trade Mark “SENTHAMIL KUZHAMBU MILAGAI THULL” or other identical trade mark used in the pouches and packets bearing the word AACHI MASALA KULAMBU CHILLY POWDER
(d) Directing the defendant to render an account of profits made by them by the use of the impugned trade mark “SENTHAMIL KUZHAMBU MILAGAI THULL” on the goods referred and decree the suit for the profits found to have been made by the defendant, after the defendant has rendered accounts:
(e) Directing the defendant to pay to the plaintiffs the costs to
the suit.
For plaintiffs : Ms.J.Vennila
For Defendant : Mr.R.Shivakumar
JUDGMENT
The suit is filed for the relief of permanent injunction alleging
infringement of the plaintiffs trade mark by the defendant by deceptively marking the defendant's product visually and phonetically similar to that of the plaintiff's trade mark.
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Joint Memo of Compromise has been filed by the the plaintiff and the defendant entered on 29.11.2019, which has been signed and produced before this Court.
the dispute is settled voluntarily in terms of compromise. Hence the suit is
allowed in terms of Memo of compromise. The memo of compromise shall
form part of the decree. There shall be no order as to costs.
04.12.2019
Speaking Order / Non-Speaking Order
Index : yes/no
rpl
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C.S.No.545 of 2018
Dr.G.JAYACHANDRAN,J.
rpl
C.S.No.545 of 2018
04.12.2019
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Mr. A.D.Padmasingh Isaac Trading as Aachi Spices and Foods
M/s. Aacho Masala Foods (P) Ltd.
J. Sekar Trading as Senthamil Kuzhambu Milagai Thull
Dr. G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
