Mrs.a.R.Yasmeen v. Owners and Parties Interested
Case brief
What is this about?
Interim order in a suit regarding trademark infringement and passing off of JODI365. Court frames issues and directs exchange of written arguments. No final decision on merits recorded.
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C.S.(Comm.Div.) No.122 of 2021
SENTHILKUMAR RAMAMOORTHY J.
The suit is filed for a permanent injunction restraining the defendant from infringing the plaintiff's registered trade mark JODI365 under No.1971072 in Class 99 and from passing off its services as that of the plaintiff. Consequential reliefs for the surrender of the infringing materials for destruction and a claim for damages of Rupees One Crore are also made.
2. Upon completion of pleadings, both the parties submitted draft issues. By examining the pleadings and the draft issues, the following issues are framed:-
“1. Whether the plaintiff is the registered proprietor of the trademark JODI365 label under No.1971072 in Class 99?
2. Whether the defendant's trademark JODII is deceptively similar to the plaintiff's trademark JODI365?
3. Whether the plaintiff can claim infringement of its registered trademark JODI365 by the defendant's use of the trademark Jodii?
Page.No.1 of 3 https://www.mhc.tn.gov.in/judis
4. Whether the plaintiff can claim passing off against the defendant by the use of the trademark Jodii?
Parties & counsel
- applicant
Plaintiff
- applicant
Defendant
Coram
SENTHILKUMAR RAMAMOORTHY
Case details
As recorded by the court registry
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