Madras High Court
A.D.Padmasingh Issac vs Jeevana Foods on 7 March, 2022
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm. Div.) No.11 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.03.2022
Coram:
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm. Div.) No.11 of 2022 &
A.Nos.340 of 2022 & O.A.Nos.33 & 34 of 2022
1. A.D.Padmasingh Issac,
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.
Jeevana Foods
No.1, 2nd Cross Street,
Kumaran Kudil Main Road,
Thoraipakkam,
Chennai-600 097. .. Defendant
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C.S.(Comm. Div.) No.11 of 2022
This Civil Suit has been filed under IV Rule 1 of Original Side Rules and
Order VII Rule 1 of CPC read with Sections 27(2), 29, 134 and 135 of the
Trade Marks Act, 1999, praying to grant a judgment and decree on the
following terms: (a) A permanent injunction retraining the Defendants, by itself,
its servants, agents, distributors, or anyone claiming through them from
manufacturing, selling, advertising and offering for sale using same and similar
label, get up, and colour scheme used by the Defendant under trademark
'JEEVANA' as shown in Document No.2 or in relation to any masala items and
use the same pouches, packet of masalas and spices or any their goods or by
using any other Trademark which is in any way visually, and deceptively
similar to the Plaintiffs' 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 similar to the Plaintiffs' registered Trademark
No.1318495 and or in any manner infringe the Plaintiffs' registered Trademark;
(b) granting a permanent injunction, restraining the Defendant, by itself, its
servants, agents, distributors, or any one 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 MASALA KULAMBU CHILLY
POWDER” label as shown in Document No.1 or in relation to any any masala
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C.S.(Comm. Div.) No.11 of 2022
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 Plaintiffs' Trademarks “AACHI MASALA
KULAMBU CHILLY POWDER” as shown in Document No.1 or in any
manner pass off the Plaintiffs goods; (c)directing the Defendant to surrender to
the Plaintiffs all packing material, cartons, advertisement materials and
hoardings, letter-heads, visiting cards, office stationery and all other materials
containing/bearing the name 'JEEVANA' 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; directing the Defendant to
render an account of profits made by them by the use of the impugned
Trademark 'JEEVANA' 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 and (e) directing the Defendant to pay the Plaintiffs the costs to the
suit.
For Plaintiffs : M/s.Gladys Daniel
For Defendant : M/s.J.Lokesh
JUDGMENT
The plaintiffs and the defendant have executed a memorandum of compromise dated 18.02.2022. On perusal, it is evident that the said memorandum of compromise has been executed by each of the plaintiffs and Page No.3/6 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.) No.11 of 2022 the defendant. In addition, the respective counsel have also executed the same.
2. In this suit, the plaintiffs had prayed for permanent injunctions to restrain infringement of trademark and passing off. In addition, the plaintiffs had prayed for surrender of the infringing materials, for rendition of accounts and for a decree of profits per accounts. As per the memorandum of compromise, the defendant has submitted itself to a judgment and decree in terms of prayers [a] and [b] of paragraph-35 of the plaint. In addition, the defendant has given undertakings in respect of its trademark application and that of the plaintiffs. The defendant has also agreed not to adopt in future marks which are deceptively similar to the plaintiffs' trademark 'AACHI'. The plaintiffs have relinquished the reliefs prayed for in clauses (c), (d) and (e) of paragraph- 35.
3. On examining the above terms of compromise, it appears that there is no legal impediment to the suit being decreed in terms thereof. Accordingly, C.S.(Comm. Div.) No.11 of 2022 is decreed in terms of the memorandum of compromise dated 18.02.2022, which shall form an integral part thereof. Page No.4/6 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.) No.11 of 2022 Consequently, connected miscellaneous applications are closed. There will be no order as to costs.
07.03.2022 Index : Yes/No Internet: Yes/No kal Page No.5/6 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.) No.11 of 2022 SENTHILKUMAR RAMAMOORTHY, J kal C.S.(Comm. Div.) No.11 of 2022 & A.Nos.340 of 2022 & O.A.Nos.33 & 34 of 2022 07.03.2022 Page No.6/6 https://www.mhc.tn.gov.in/judis