A.D.Padmasingh Isaac v. Masala Food Products Private Limited

Madras HC25 Apr 2022C.S(COMM DIV)/129/2021

Case brief

AI extract

What is this about?

The Court decreed a suit for permanent injunction and rendering of accounts based on a Memorandum of Compromise dated 28.03.2022. The defendant surrendered to a decree for specific prayers, while plaintiffs relinquished claims for material destruction, account of profits, and costs.

What did the court decide?

Decree granted in terms of Memorandum of Compromise; Plaintiffs relinquished prayers for surrender of materials, accounts of profits, and costs.

A.D.Padmasingh Isaac Vs Masala Food Products Private… — Intellectual Property | Madras HC (2022)

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C.S.(Comm.Div.) No.129 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.04.2022

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CORAM

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THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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C.S.(Comm.Div.) No.129 of 2021 and O.A.Nos.848, 849 of 2021

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

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2.M/s.Aachi Masala Foods Private Limited No.1926, 34th Street, I Block, Ishwarya Colony, Anna Nagar West, Chennai - 600 040 Represented by its Director Mr.Ashwin Pandian ... Plaintiffs

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vs.

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V Masala Food Products Private Limited No.58, Madhuraa Flats, Ground Floor, Appadurai Street, Nagelkeni, Chromepet Chennai - 600 044 and also at Vettuvapalayam, Nasiyanur, Erode - 638 107. 1/7

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... Defendant

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https://www.mhc.tn.gov.in/judis

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C.S.(Comm.Div.) No.129 of 2021

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PRAYER : Plaint filed under and Order IV Rule 1 of Original Side Rules And Order VII Rule 1 of CPC Read With Sections 27(2), 29, 134 and 135 of Trademarks Act, 1999 prayed for 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 from manufacturing, selling, advertising and offering for sale using same or similar label, get up, and colour scheme used by the Defendant under trademark "KUZHAVI" as shown in Document No.2 or in relation to 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 registered Trademark "AACHI MASALA KULAMBU CHILLY POWDER" label shown in Document No.1 or in relation to any masala items and use the same pouches, packets of 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

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https://www.mhc.tn.gov.in/judis

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C.S.(Comm.Div.) No.129 of 2021

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similar to the plaintiff's registered Trademark No.1318495 and or in any manner infringe the plaintiff's registered Trademark.

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(b) granting a permanent injunction, restraining the Defendant, by

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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 trademark which is in any way visually or deceptively similar to the plaintiff's Trademark "AACHI MASALA KULAMBU CHILLY POWDER" label as shown in Document No.1 or in relation to any masala items and use the same pouches, packets of 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 plaintiff's Trademarks "AACHI MASALA KULAMBU CHILLY POWDER" as shown in Document No.1 or in any manner pass off the plaintiffs goods.

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3/7

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https://www.mhc.tn.gov.in/judis

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C.S.(Comm.Div.) No.129 of 2021

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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 "KUZHAVI" and packets in the color scheme and get up as shown in Document No.2 or other deceptively similar trademark 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 "KUZHAVI" and packets in the color scheme 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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(e) directing the defendant to pay to the plaintiffs the costs to the suit.

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For Plaintiffs : Mr.Gladys Daniel

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For Defendant : Mr.A.Swaminathan

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4/7

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https://www.mhc.tn.gov.in/judis

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C.S.(Comm.Div.) No.129 of 2021

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J U D G M E N T

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The suit was filed for injunctive relief in respect of alleged trademark infringement and passing off, surrender of infringing material for destruction, rendition of accounts with a decree for profits and costs.

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The parties entered into negotiations and concluded a settlement by drawing up a Memorandum of Compromise dated 28.03.2022. The said Memorandum of Compromise has been duly signed by each of the plaintiffs, the sole defendant and their respective counsel. In terms thereof, the sole defendant has submitted to a decree in terms of prayers (a) and (b) of paragraph 35 of the plaint. The plaintiffs have accorded their no objection to the usage of the carton/label/packet shown in Annexure-A to the Memorandum of Compromise. The plaintiffs have also relinquished the reliefs claimed in prayers (c), (d) and (e) of paragraph 35 of the plaint. There is no legal impediment to the issuance of a decree in terms of the Memorandum of Compromise.

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https://www.mhc.tn.gov.in/judis

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C.S.(Comm.Div.) No.129 of 2021

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Accordingly, C.S.(Comm.Div.) No.129 of 2021 is decreed in terms of the Memorandum of Compromise dated 28.03.2022, which shall form an integral part thereof. In view of the agreement between the parties, there will be no order as to costs. Consequently, O.A.Nos.848, 849 of 2021 are closed.

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25.04.2022

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rna Index : Yes / No Internet : Yes / No

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6/7

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https://www.mhc.tn.gov.in/judis

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C.S.(Comm.Div.) No.129 of 2021

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SENTHILKUMAR RAMAMOORTHY,J

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rna

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C.S.(Comm.Div.) No.129 of 2021 and O.A.Nos.848, 849 of 2021

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25.04.2022

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7/7

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https://www.mhc.tn.gov.in/judis

A.D.Padmasingh Isaac v. Masala Food Products Private Limited

Case brief

What is this about?

What did the court decide?

A.D.Padmasingh Isaac v. Masala Food Products Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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