The High Court of Judicature at Madras disposed of O.A. No.1103 of 2018 by referring to the order in para 66, concerning an interim injunction regarding trademark and copyright infringement of 'AASHIRVAAD' products.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 6TH DAY OF DECEMBER 2021
THE HON'BLE JUSTICE N. ANAND VENKATESH
O.A. Nos.1103 of 2018
and C.S. No.795 of 2018 (Comm.Suit)
ITC Limited,
No.760, Anna Salai,
Chennai-600 002 rep. by its Constituted Attorney, Mr.P.Ramkumar
...Plaintiff/Applicant
-Versus-
H. No.4-190/31, Near 5th Avenue Baklery, Bhaskara Rao Nagar, Sainikpuri, Hyderabad, Telangana-500 094.
14-3, Everest Nagar, Ward No.3, Khalwara, Katni, Madhya Pradesh-483 501 ....Defendants/Respondent
C.S. No.795 of 2018 (Comm.Suit)
Civil suit praying that this Hon'ble court be pleased to grant a judgment and
decree on the following terms:-
a. A permanent injunction restraining the Defendants No. 1-6, themselves, its
proprietor/directors/partners and other unknown persons as the case may be,
successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers, wholesalers, retailers, representatives, assigns and all other persons claiming through
or under them from infringing the registered trademark AASHIRVAAD of the
Plaintiff by manufacturing, selling and/or distributing atta/flour products under
identical mark AASHIRVAAD or any other similar or identical mark and in any
other manner whatsoever;
b. a permanent injunction restraining the Defendants No. 1-6, themselves, its
proprietor/directors/partners and other unknown persons as the case may be,
successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers,
wholesalers, retailers, representatives, assigns and all other persons claiming through
or under them from manufacturing, selling, offering for sale and/or distributing https://hcservices.ecourts.gov.in/hcservices/
atta/flour products which would amount to passing off their flour products / food
products as and for the Plaintiff's flour products by using an identical artistic work or
any other trade mark / trade dress deceptively similar to the Plaintiff's
AASHIRVAAD SUPERIOR MP ATTA Package in get up, lay out and arrangement
of features or in any other manner whatsoever;
c. a permanent injunction restraining the Defendants No. 1-6, themselves, its
proprietor/directors/partners and other unknown persons as the case may be,
successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers,
wholesalers, retailers, representatives, assigns and all other persons claiming through
or under them from manufacturing, selling, and/or distributing atta/flour products
under identical mark/ label from committing acts of copyright infringement by
copying the plaintiff's copyright in the artistic work of AASHIRVAAD SUPERIOR
MP ATTA package labels by use of an identical labels, colour scheme, get up and
placement of features or any other label similar or identical thereto and in any other
manner whatsoever;
d. The Defendants be ordered to surrender to the Plaintiff for destruction all
labels, cartons, containers, packaging materials, blocks, dyes, prints, screen prints,
notices, pamphlets, advertisements, hoardings, and other promotional materials
https://hcservices.ecourts.gov.in/hcservices/ bearing the mark and packaging/label which is identical to the Plaintiff's registered
trademark AASHIRVAAD and the Plaintiff's AASHIRVAAD SUPERIOR MP
ATTA label;
e. The Defendants be ordered to pay to the Plaintiff a sum of Rs. 10,00,000/- as
damages for committing acts of infringement of trademark, infringement of copyright
and passing off;
f. a preliminary decree be passed in favour of the Plaintiff directing the
Defendants to render true and faithful account of profits earned by them by use of the
Impugned Packages and final decree be passed in favour of the Plaintiff for the
amount of profits thus found to have been made by the Defendants, after the latter
have rendered accounts;
g. for entire costs of the suit.
O.A. No.1103 of 2018 :-
Original Application praying that this Hon'ble Court be pleased to grant an interim injunction restraining the respondents, by themselves, their partners/proprietors, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, representatives or any of them from passing off and enabling others to pass off the Respondents' spurious atta as and for the Applicant's atta by use of identical trademark AASHIRVAAD and almost identical artistic works
or any other deceptively similar mark or artistic work whatsoever, pending disposal https://hcservices.ecourts.gov.in/hcservices/ of the suit.
This Civil Suit alongwith Original Application coming on this day before this court for hearing, the court made the following order:-
This application is disposed of in terms of the order passed in OA. Nos. 1101 and 1102 of 2018.
Sd/-NAVJ 06.12.2021
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. PS 14/12/2021
ITC Limited
Thathireddy Indra Reddy
P.Anjaneyullu
Rahul Mishra
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
