Madras High Court
Mr.P.Venugopal vs Mr.S.Sivaraj on 1 April, 2022
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div.) No.119 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.(Comm.Div.) No.119 of 2021
and O.A.Nos.811, 812 of 2021
and A.No.493, 552, 771, 772 of 2022
Mr.P.Venugopal, Trading as 'Annavilaas'
Having registered office at,
Kg Casa Blanca II,
No:16, Dr.Thirumurthy Nagar Main Road,
Nungambakam, Chennai - 600 034
Also carrying on its business at,
Annavilaas, 2nd Floor, Phoenix Marketcity,
Chennai - 600 042. ... Plaintiff
vs.
Mr.S.Sivaraj, Trading as 'Annavillasam'
Raj Complex, 240/318,
Avvaishanmugam Salai,
Gopalapuram, Chennai - 600 086 ... Defendant
PRAYER: Plaint filed under and Order IV Rule 1 of OS Rules and Order
VII Rule 1 of CPC Read With Sections 27, 29, 134 and 135 of the
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C.S.(Comm.Div.) No.119 of 2021
Trademarks Act, 1999 and Sections 2(1)(c)(xvii) and 7 of the Commercial
Courts Act, 2015 prayed for Judgment and Decree:-
(a) for a Permanent Injunction restraining the Defendant, their men,
agents, servants or anyone claiming through them from in any manner
infringing the Plaintiff's registered trademark 'ANNAVILAAS' by using the
trademark 'ANNAVILLASAM' either per se or in combination and / or
other mark either in English or Tamil or any other language, which is
identical and / or deceptively similar to the Plaintiff's registered trademark
ANNAVILAAS,
(b) for a Permanent Injunction restraining the Defendant, their men,
agents, servants, or any one claiming through them from in any manner
passing off their food products as that of the Plaintiff's by using the identical
trademark 'ANNAVILLASAM' either per se or in combination and / or any
other mark either in English or Tamil or any other language, which is
identical and / or deceptively similar to the Plaintiff's registered trademark
ANNAVILAAS,
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C.S.(Comm.Div.) No.119 of 2021
(c) Directing the defendant to surrender to the plaintiff the entire
stock of unused offending goods with Trade Mark "ANNAVILLASAM"
together with cartons, strips, brochures, printing blocks, etc, bearing the
offending Trademark for destruction,
(d) Directing the Defendant to render a true and faithful accounts of
the Profits earned by them through the sale of their food products bearing
the infringing trademark ANNAVILLASAM which is similar and / or
deceptively similar to the Plaintiff's Trademark ANNAVILAAS and
directing the payment of such profits to the Plaintiff;
(e) Directing the Defendant to pay the costs of the suit.
For Plaintiff : Mr.V.Avinesh
For Defendant : Mr.J.Balagopal
for M/s.S.Ravichandran
**********
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C.S.(Comm.Div.) No.119 of 2021
JUDGMENT
The suit is filed to permanently restrain the defendant from directly or indirectly infringing the plaintiff's registered trademark ANNAVILAAS by using the trademark ANNAVILLASAM in English or Tamil or from passing off its food products as that of the plaintiff by using the trademark ANNAVILAAS. Other reliefs by way of surrender of infringing materials, rendition of accounts and a decree for profits on such basis and costs are also claimed.
2. The parties entered into discussions with the view to arrive at an amicable resolution of the dispute. Pursuant thereto, the defendant agreed to change its mark from ANNAVILLASAM to SREE ANNAVIHAR, both in English and Tamil. The proposed logo is also depicted in a memo dated 01.04.2022 which has been served on the plaintiff. On instructions, the plaintiff states that it is agreeable to the use of the changed mark and logo. The defendant is agreeable to a decree being issued in terms of prayers (a) and (b) of paragraph 31 of the plaint provided the plaintiff relinquishes 4/6 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.119 of 2021 prayers (c) to (e) thereof. The plaintiff is willing to relinquish prayers (c) to
(e).
3. Accordingly, C.S.(Comm.Div.) No.119 of 2021 is decreed in terms of prayers (a) and (b) of paragraph 31 of the plaint read with memo dated 01.04.2022, which shall form an integral part of the decree. In the circumstances, there will be no order as to costs. Consequently, O.A.Nos.811, 812 of 2021 and A.Nos.493, 552, 771, 772 of 2022 are closed.
01.04.2022 rna Index : Yes / No Internet : Yes / No 5/6 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.119 of 2021 SENTHILKUMAR RAMAMOORTHY,J rna C.S.(Comm.Div.) No.119 of 2021 and O.A.Nos.811, 812 of 2021 and A.No.493, 552, 771, 772 of 2022 01.04.2022 6/6 https://www.mhc.tn.gov.in/judis