Ad Padmasingh Issac v. Aks Traders
Case brief
What is this about?
Plaintiff filed a suit for permanent injunction and accounting of profits against a defendant accused of trademark infringement. The defendant was absent. The court found the packaging deceptively similar based on plaintiff evidence and the law in Parle's case, granting all reliefs.
What did the court decide?
Permanent injunction against manufacture, sale, and advertising of goods with similar get-up; surrender of infringing materials; rendering of accounts of profits; no costs.
What the court decided
A compact analysis
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 19TH DAY OF AUGUST 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.305 of 2008
1.Mr.A.D.Padmasingh Isaac, trading as Aachi Spices and Foods, Old No.4, New No.181/1, 6th Avenue, Thangam Colony, Anna Nagar, Chennai – 600 040.
2.M/s.Aachi Masala Foods (P) Ltd., No.6, Ground Floor, 15th Street, Anna Nagar, 'G' Block, Chennai – 600 040. Represented by its Director, Mr.Ashwin Pandian
... Plaintiffs
-Versus-
A.K.S.Traders, V.M.P.Nagar, Kurinjipadi – 607 302. S.A.District.
... Defendant
Issues for consideration
2 issues framed by the court
Whether the defendant's product packaging and get-up were deceptively similar to the plaintiff's registered trade mark.
Whether the defendant could be held liable for infringement of the plaintiff's trademark right.
Coram
R.Subramaniam
J.J.
Case details
As recorded by the court registry
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