Partly allowed

A.D.Padmasingh Issac v. D.Raja Singh

Madras HC12 Mar 2021CS/418/2020

Case brief

AI extract

What is this about?

This judgment records the approval of a Memorandum of Compromise in a trademark suit. The defendant agreed to stop using the 'AACHI' trademark, while the plaintiff withdrew prayers for damages and destruction of goods. The court partly decreed the suit based on the compromise terms.

What did the court decide?

Permanent injunction granted against using 'AACHI' trademark and similar get-up; prayers for account of profits, destruction of goods, and costs dismissed.

A.D.Padmasingh Issac Vs D.Raja Singh — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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FRIDAY, THE 12^th DAY OF MARCH 2021

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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C.S.No.418 of 2020 and O.A.Nos.4 & 5 of 2021

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Mr.A.D.Padmasingh Isaac, Proprietor, Aachi Spices and Foods, Old No.4, New No.181/1, 6^th Avenue, Thangam Colony, Anna Nagar, Chennai – 600 040. 2.M/s Aachi Masala Foods Private Limited, No.1926, 34^th Street, I Block, Ishwarya Colony, Anna Nagar West, Chennai – 600 040, Represented by its Director Mr.Ashwin Pandian. : Plaintiffs/Applicants (O.A.Nos.4 & 5 of 2021) Vs D.Raja Singh, Proprietor, Rehoboth Industries, No.30, Kamatchi Amman Nagar, Mettukuppam, Vanagaram, Chennai – 600 095. : Defendant/Respondent (O.A.Nos.4 & 5 of 2021)

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C.S.No.347 of 2020:-

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https://hcservices.ecourts.gov.in/hcservices/

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Civil Suit praying that this Hon'ble Court be pleased to pass a

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judgment and decree:

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(a) granting a permanent injunction, restraining the Defendant, by itself, its servants, agents, distributors, or anyone claiming through them

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from manufacturing, selling, advertising and offering for sale using same or similar label, get up, and colour scheme used by the Defendant shown in Document No.2 or in relation Turmeric Powder, Red Chilli Powder, Coriander Powder, Chicken Kabab/65 Masala, Chicken Masala, Mixed Masala Kulambu Chilly Powder and Chennai Sambar Powder' or any masala items and use the same pouches, packets of masalas and spices or any other goods or by using any other Trademark which is in any way visually, and deceptively similar to the Plaintiffs' label marks” label as shown in Document No.1 or device of “AACHI” registered under No.1595537 or in any manner infringe the Plaintiffs' registered Trademarks under No's 3352398, 3352399, 3352400, 3352401, 3352402, 3352403, 3352404 & 3352405.

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(b) granting a permanent injunction, restraining the Defendant, by itself, its servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using same or similar get up, and colour scheme used by the Defendant shown in Document No.2 or by using any other trade mark which is in any way https://hcservices.ecourts.gov.in/hcservices/ visually or deceptively similar to the Plaintiffs' Trademark “AACHI label as

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shown in Document No.1 or device of AACHI in relation to any masala

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items and use the same pouches, packets of Turmeric Powder, Red Chilli Powder, Coriander Powder, Chicken Kabab/65 Masala, Chicken Masala, Mixed Masala Kulambu Chilly Powder and Chennai Sambar Powder', masalas and 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 Trademark which is in any way visually and deceptively similar to the Plaintiffs' Trademarks as shown in Document No.1 or AACHI in any manner pass off the Plaintiffs goods.

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(c) directing the Defendant to surrender to the Plaintiffs all the packing material, cartons, advertisement materials and hoardings, letterheads, visiting cards, office stationery and all other materials containing/bearing the name 'GD' and packets in the Color Scheme and Get up as shown in Document No.2 or other deceptively similar trade mark used in the pouches and packets in respect of masalas.

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(d) directing the Defendant to render an account of profits made by them by the use of the impugned Trademark GD and get up as shown in Document No.2 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:

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https://hcservices.ecourts.gov.in/hcservices/

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(e) directing the Defendant to pay to the Plaintiffs the costs to the suit.

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O.A.Nos.4 of 2021:-

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Original Application praying that this Hon'ble Court be pleased to grant an ad-interim injunction, restraining the Respondent/Defendant, by itself, its servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using same or similar label, get up, and colour scheme used by the Respondent/Defendant shown in Document No.2 or in relation Turmeric Powder, Red Chilli Powder, Coriander Powder, Chicken Kabab/65 Masala, Chicken Masala, Mixed Masala Kulambu Chilly Powder and Chennai Sambar Powder or any masala items and use the same pouches, packets of masalas and spices or any other goods or by using any other Trademark which is in any way visually, and deceptively similar to the Applicants/Plaintiffs label marks” label as shown in Document No.1 or device of “AACHI” registered under No.1595537 or in any manner infringe the Applicants/Plaintiffs registered Trademarks under No's 3352398, 3352399, 3352400, 3352401, 3352402, 3352403, 3352404 & 3352405 pending disposal of the above suit.

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O.A.No.5 of 2021:-

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Original Application praying that this Hon'ble Court be pleased to https://hcservices.ecourts.gov.in/hcservices/ grant an ad-interim injunction, restraining the Respondent/Defendant, by

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itself, its servants, agents, distributors, or anyone claiming through them

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from manufacturing, selling, advertising and offering for sale using same or similar get up, and colour scheme used by the Respondent/Defendant shown in Document No.2 or by using any other trademark which is in any way visually or deceptively similar to the Applicants/Plaintiffs Trademark AACHI label as shown in Document No.1 or device of AACHI in relation to any masala items and use the same pouches, packets of Turmeric Powder, Red Chilli Powder, Coriander Powder, Chicken Kabab/65 Masala, Chicken Masala, Mixed Masala Kulambu Chilly Powder and chennai Sambar Powder', masalas and 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 Trademark which is in any way visually and deceptively similar to the Applicants/Plaintiffs Trademarks as shown in Document No.1 or AACHI in any manner pass off the Applicants/Plaintiffs goods pending disposal of the above suit.

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This Suit alongwith these original applications coming on this day before this court for hearing in the presence of Ms.Gladys Daniel, Advocate for the Plaintiff in C.S.No.418 of 2020 and for the applicant in O.A.Nos.4 and 5 of 2021 and Mr.G.Ramdas, Advocate for the defendant in C.S.No.418 of 2020 and for the respondent in O.A.Nos.4 & 5 of 2021 and

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https://hcservices.ecourts.gov.in/hcservices/

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upon reading the Plaint filed in C.S.No.418 of 2020, and the order dated

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08.03.2021 made in O.A.Nos.4 and 5 of 2021 and the memorandum of

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compromise signed by the plaintiff and the defendant with their respective advocates and the said advocates for the parties hereto and the same morefully setout in the schedule hereunder, It is ordered and decreed as

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follows:

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That D.Raja Singh, the defendant herein by itself, its servants, agents, distributors, or anyone claiming through them, be and is hereby restrained by an order of permanent injunction, from (a) manufacturing, selling, advertising and offering for sale using same or similar label, get up, and colour scheme used by the Defendant shown in Document No.2 or in relation Turmeric Powder, Red Chilli Powder, Coriander Powder, Chicken Kabab/65 Masala, Chicken Masala, Mixed Masala Kulambu Chilly Powder and Chennai Sambar Powder' or any masala items and use the same pouches, packets of masalas and spices or any other goods or by using any other Trademark which is in any way visually, and deceptively similar to the Plaintiffs' label marks” label as shown in Document No.1 or device of “AACHI” registered under No.1595537 or in any manner infringe the Plaintiffs' registered Trademarks under No's 3352398, 3352399, 3352400, 3352401, 3352402, 3352403, 3352404 & 3352405, and (b) manufacturing,

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selling, advertising and offering for sale using same or similar get up, and https://hcservices.ecourts.gov.in/hcservices/ colour scheme used by the Defendant shown in Document No.2 or by using

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any other trade mark which is in any way visually or deceptively similar to

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the Plaintiffs' Trademark “AACHI label as shown in Document No.1 or device of AACHI in relation to any masala items and use the same pouches, packets of Turmeric Powder, Red Chilli Powder, Coriander Powder, Chicken Kabab/65 Masala, Chicken Masala, Mixed Masala Kulambu Chilly Powder and Chennai Sambar Powder', masalas and 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 Trademark which is in any way visually and deceptively similar to the Plaintiffs' Trademarks as shown in Document No.1 or AACHI in any manner pass off the Plaintiffs goods.

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That the relief C, D & E prayer in suit, be and is hereby dismissed.

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That these O.A.Nos.4 & 5 of 2021 do stand closed.

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That there shall be no order as to costs of this suit.

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(Schedule – MOC with Annexure)

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https://hcservices.ecourts.gov.in/hcservices/

12.05.2021

C.S.No.418 of 2020 and O.A.Nos.4 & 5 of 2021

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ORDER :-

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DATED: 12.03.2021

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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FOR APPROVAL: 27/07/2021

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APPROVED ON: 29/07/2021

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https://hcservices.ecourts.gov.in/hcservices/

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 12.03.2021

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CORAM

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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C.S.No.418 of 2020

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and OA.Nos.4 & 5 of 2021

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A.D.Padmasingh Isaac Proprietor Aachi Spices and Foods Old No.4, New No.181/1, 6^th Avenue, Thangam Colony, Anna Nagar, Chennai 600 040.

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M/s.Aachi Masala Foods Private Limited No.1926, 34^th Street, I Block, Ishwaya Colony, Anna Nagar West, Chennai 600 040 Rep.by its Director Mr.Ashwin Pandian ... Plaintiffs Vs.

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D.Raja Singh ...Defendant

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Prayer:- Plaint filed under Order IV Rule 1 of O.S.Rules and order VII Rule 1 CPC read with Sec.134 and 135 of the Trade Marks Act, 1999.

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a. granting a permanent injunction, restraining the defendant by itself, its servants, agents, distributors or anyone claiming through them from

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manufacturing, selling, advertising and offering for sale using same or https://hcservices.ecourts.gov.in/hcservices/ similar label, get up and colour scheme used by the defendants shown in

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Document No.2 or in relation Turmeric Powder, Red Chilli Powder, Coriander Powder, Chicken Kabab/65 Masala, Chicken Masala, Mixed Masala Kulambu Chilly Powder and Chennai Sambar Powder or any masala items and use the same pouches, packets of masalas and spices or any other goods or by using any other Trademark which is in any way visually and deceptively similar to the plaintiff's label marks' label as shown in Document No.1 or device of “AACHI' registered under No.1595537 or in any manner infringe the plaintiffs' registered Trademarks under Nos.3352398, 3352399, 3352400, 3352401, 3352402, 3352403, 3352404 & 3352405.

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b) granting a permanent injunction, restraining the defendant by itself, its servants, agents, distributors or anyone claiming through them from manufacturing, selling, advertising and offering for sale using same or similar get up and colour scheme used by the defendant shown in Document No.2 or by using any other trade mark which is in any way visually or deceptively similar to the plaintiffs' Trademark “AACHI label as shown in Document No.1 or device of AACHI in relation to any masala items and use the same pouches, packets of Turmeric Powder, Red chilli powder, Coriander powder, Chicken Kabab/65 Masala, Chicken Masala, Mixed Masala Kulambu Chilly Powder and Chennai Sambar Powder, masalas and https://hcservices.ecourts.gov.in/hcservices/ spices or any other goods or use the mark in invoices, letters heads and

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https://hcservices.ecourts.gov.in/hcservices/

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visiting cards or any other trade literature or by using any other Trademark

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which is in any way visually and deceptively similar to the plaintiffs' Trademarks as shown in Document No.1 or AACHI in any manner pass off the plaintiffs goods.

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c) directing the defendants to surrender to the plaintiffs all the packing material, cartons, advertisement materials and hoardings, letterheads, visiting cards, office stationery and all other materials containing/bearing the name 'GD' and packets in the color scheme and get up as shown in Document No.2 or other deceptively similar trade mark used in the pouches and packets in respect of masalas.

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d) directing the defendants to render an account of profits made by them by the use of the impugned Trademark GD and get up as shown in Document No.2 on the goods referred and decree the suit for the profits found to have been made by the defendants after the defendants has rendered accounts

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e) directing the defendants to pay to the plaintiffs the costs to the suit

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and

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For Plaintiffs : Ms.Gladys Daniel For Defendant : Mr.G.Ramdas

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https://hcservices.ecourts.gov.in/hcservices/

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JUDGMENT

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A Memorandum of Compromise has been filed which has been signed by the proprietor of the first plaintiff and by the Director of the second plaintiff and also by the proprietor of the defendant. This Court places its appreciation to the learned counsels Ms.Gladys Daniel and Mr.G.Ramdas, who had assisted the parties to enter into this Memorandum of Compromise giving a quietus to the issue raised. Now the plaintiffs and the defendant can go about their respective trade and businesses with atleast the Court proceedings not obstructing their path.

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In view of the Memorandum of Compromise the defendant had agreed to withdraw the application for registration of the trade mark and had also agreed not to use the trade mark AACHI (word) & (device) or any of the label marks belonging to the plaintiffs. As a reciprocal attitude, the plaintiffs have given up the prayer seeking damages, costs and also for destruction of the offending products.

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The Memorandum of Compromise dated 08.03.2021 had been presented before this Court on 10.03.2021.

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Suit is partly decreed with respect to relief A & B and dismissed

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with respect to relief C, D & E. No order as to costs.

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The Memorandum of Compromise and the Annexure to the https://hcservices.ecourts.gov.in/hcservices/ Memorandum of Compromise shall form part of the decree. Connected

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https://hcservices.ecourts.gov.in/hcservices/

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application is also closed.

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Sd./-C.V.K.J. 12.03.2021

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//Certified to be true copy// Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

A.D.Padmasingh Issac v. D.Raja Singh

Case brief

What is this about?

What did the court decide?

A.D.Padmasingh Issac v. D.Raja Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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