Madras High Court
Mr.A.D.Padmasingh Isaac vs K.R.Venkatesan on 31 March, 2021
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
C.S.No.248 of 2020, O.A.Nos.455, 456 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.03.2021
CORAM:
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No.248 of 2020
and O.A.Nos.455, 456 of 2020
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.
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
..Vs..
K.R.Venkatesan
Proprietor, Venkat Products,
13, Adhi Sankar Street, Thiumoolar Colony,
Anna Nagar West, Chennai 600 040. ... Defendant
PRAYER : Plaint filed under Order IV Rule 1 of the Original Side Rules
and Order VII Rule 1 of the CPC read with Sections 27(2), 29, 134 and 135
of the Trademarks Act, 1999, prayed for a Judgment and Decree:-
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C.S.No.248 of 2020, O.A.Nos.455, 456 of 2020
(a) granting a permanent injunction, restraining the Defendant, by
himself, his servants, agents, distributors, or anyone claiming through him
from manufacturing, selling, advertising and offering for sale using the name
ANNACHI or any other similar Trademark, name or similar sounding
expression in any media and use the same in name board, invoices, letter
heads and visiting cards or by using any other trademark / name which is in
any way visually or deceptively or phonetically similar to the plaintiff's
trademark / name AACHI / AACHI IDLY CHILLI POWDER and use the
same in respect of idli chilli powder, masalas and spices pouches, or any
other goods packets or use the mark in invoices, letters hears and visiting
cards or any other trade literature or by using any other trademark which is
in any way visually, or phonetically similar to the plaintiff's registered
Trademarks under Nos. 838786, 1595537, 1731915, 1318493 & 3352405 or
in any manner infringing the plaintiff's registered Trademarks referred
herein.
(b) granting a permanent injunction, restraining the Defendant, by
itself, its servants, agents, distributors, or anyone claiming through him from
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C.S.No.248 of 2020, O.A.Nos.455, 456 of 2020
manufacturing, selling, advertising and offering for sale using same or
similar device, get up, and colour scheme using the trademark ANNACHI by
the Defendant or the pouch 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 IDLY CHILLI POWDER" label as shown in
Document No.1 or AACHI in relation to any Idli Chilli powder 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 IDLY CHILLI
POWDER" as shown in Document No.1 or AACHI in any manner pass off
the plaintiffs goods.
(c) directing the Defendant to surrender to the Plaintiffs all the
packing material, cartons, advertisement materials and hoardings, letter-
heads, visiting cards, office stationery and all other materials containing /
bearing the name and device "ANNACHI" 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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C.S.No.248 of 2020, O.A.Nos.455, 456 of 2020
(d) directing the Defendant to render an account of profits made
by them by the use of the impugned Trademark and device of 'ANNACHI'
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.
(e) For costs of this suit.
For Plaintiffs : M/s.Gladys Daniel
For Defendant : M/s.S.Ananda Kumar
*********
JUDGMENT
The plaintiffs and the defendant have entered into a Memo of Compromise on 24.03.2021 and a recording of the same had been presented in Court on 29.03.2021. It 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. It has also been signed by the learned counsel for the plaintiffs and by the learned counsel for the defendant. 4/6 https://www.mhc.tn.gov.in/judis/ C.S.No.248 of 2020, O.A.Nos.455, 456 of 2020
2. Along with the Memo of Compromise there is an Annexure termed as Annexure A and the plaintiffs have stated that they have no objection for the defendant marketing their products in accordance with the pictorial representation given in Annexure A. The defendant have also stated that they would withdraw any application for registration of the Trademark AACHI and AACHI formative marks.
3. The suit is partly decreed in terms of the Memo of Compromise with respect to the reliefs (a) and (b) and dismissed with respect to reliefs
(c), (d), (e) and (f). The Memo of Compromise dated 24.03.2021 and Annexure A shall form part of the Decree. No order as to costs. Connected Applications are closed.
31.03.2021 Index : Yes / No Web : Yes / No rna 5/6 https://www.mhc.tn.gov.in/judis/ C.S.No.248 of 2020, O.A.Nos.455, 456 of 2020 C.V.KARTHIKEYAN, J rna C.S.No.248 of 2020 and O.A.Nos.455, 456 of 2020 31.03.2021 6/6 https://www.mhc.tn.gov.in/judis/