Mr. A.D. Padmasingh Isaac v. Annai Masala Food Products
Case brief
What is this about?
The High Court of Madras decreed a suit filed by plaintiffs holding trademark rights for "Aachi" masala products against a defendant using the similar mark "Annai". The court found infringement of the plaintiff's color scheme, get up, and design, granting permanent injunctions and accounting for profits ex parte.
What did the court decide?
Permanent injunction restraining manufacturing, selling, and advertising of goods using the "Annai" mark or similar get up; direction to surrender infringing materials; direction to render accounts of
What the court decided
C.S.(A)No.628 of 2011 and O.A.Nos.780 & 781 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.08.2019
Coram
The Honourable Mr.Justice KRISHNAN RAMASAMY
C.S.(A)No.628 of 2011
and
O.A.Nos.780 & 781 of 2011
1.A.D.Padmasingh Isaac
Plot No: 1926, 34 th Street,
I Block, Ishwarya Colony,
Anna Nagar West, Chennai 600 040.
2.Aachi Masala Foods (P) Ltd.,
Old No.4, New No. 181/1,
6 th Avenue, Thangam Colony,
Anna Nagar,
Chennai 600 040.
Represented by its Director
Ashwin Pandian ...Plaintiffs
Versus
Annai Masala Food Products,
9 – B. Karaiyan Pillaiyar South Lane,
Nagapattinam – 611 001.
Tamil Nadu,
India. ...Defendant
1/11
C.S.(A)No.628 of 2011 and O.A.Nos.780 & 781 of 2011
This Civil Suit is filed under Order IV, Rule 1 of the Original Side Rules and Order VII, Rule 1 of the Civil Procedure Code read with Sections 27(2), 29, 134 and 135 of the Trade Marks Act, 1999, for
Issues for consideration
2 issues framed by the court
Whether the defendant's use of the label mark "Annai" amounts to infringement of the plaintiff's registered trademark "Aachi" including its get up, design, and device mark
Whether an ex parte decree in a trademark infringement suit is sustainable when the defendant fails to appear after being set ex parte
Coram
KRISHNAN RAMASAMY
Case details
As recorded by the court registry
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