Madras High Court
Mr.A.D.Padmasingh Isaac vs Sri Aachi Mess on 9 March, 2026
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div.) No.208 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2026
CORAM:
THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.208 of 2025
and
A.No.822 of 2025
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.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
3.M/s.Flora Foods,
A Partnership Firm
No.1926, 34th Street, I Block,
Ishwarya Colony, Anna Nagar West,
Chennai – 600 040
represented by its Partner
Mrs.Thelma Isaac .. Plaintiffs
vs
Sri Aachi Mess,
Near Toll Plaza,
Py-Pass, Ulundurpet – 606 107. .. Respondent
Plaint filed under Order IV Rule 1 of Original Side Rules and
Order VII Rule 1 of C.P.C. read with Sections 27(2), 29, 134 and
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C.S.(Comm.Div.) No.208 of 2025
135 of the Trade Marks Act, 1999, praying for a judgment and
decree on the following terms:
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 or
providing services using the name 'SRI AACHI
MESS' or any other similar Trade Mark name or
similar sounding expression in any hotels,
restaurant services, media, websites, mobile
applications, social media platforms and
internet advertising and use the same in name
board, invoices, letter heads and visiting cards,
websites, mobile applications, social media
platforms and internet advertising or by using
any other trade mark/name which is in any way
visually or deceptively or phonetically similar to
the Plaintiffs trade mark/name AACHI/AACHI
CHETTINAD RESTAURANT/AACHI
KITCHEN/AACHI NAMMA KITCHEN/ AACHI
BHAVAN and use the same in pouches, packets
or use the mark in invoices, letters heads and
visiting cards, website and internet advertising
or part of their restaurant name any other trade
literature or Menu card by using any other trade
mark which is in any way visually, or
phonetically similar to the Plaintiffs' registered
Trade Mark Nos. 838786, 1116254, 1479159,
1715718, 2965624, 5275581, 5274680 &
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C.S.(Comm.Div.) No.208 of 2025
5446987 or in any manner infringing the 1st
Plaintiffs registered Trade Marks referred
herein;
b. Granting a permanent injunction restraining
the Defendant by itself, its agents or servants
or anyone claiming through or under him any
business marketing, selling advertising using in
trade literature, menu cards, invoices, name
boards, websites, mobile applications, social
media platforms and internet advertisements
the mark/name 'SRI AACHI MESS' in relation to
the Restaurant services or with respect to or
any other food preparation or on any other
business the impugned trademark/name which
is in any manner deceptively or phonetically
confusingly similar to the Plaintiffs Trade
Mark/name AACHI/AACHI CHETTINAD
RESTAURANT/AACHI KITCHEN/AACHI NAMMA
KITCHEN/AACHI BHAVAN or in any other
manner pass off their hotel, business or goods
as and for that of the Plaintiffs;
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
'SRI AACHI MESS' or other identical trade mark
used in the pouches and packets bearing the
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C.S.(Comm.Div.) No.208 of 2025
word AACHI/AACHI CHETINAD
RESTAURANT/AACHI KITCHEN/AACHI NAMMA
KITCHEN/AACHI BHAVAN;
d. Directing the Defendant to render an account
of profits made by them by the use of the
impugned trademark 'SRI AACHI MESS' on the
service referred and decree the suit for the
profits found to have been made by the
Defendant, after the Defendant has rendered
accounts;
e. Directing the Defendant to pay to the
Plaintiffs the costs to the suit.
For Plaintiffs : Ms.Gladys Daniel
for M/s.C.Daniel
JUDGMENT
This suit was filed for remedies in respect of alleged trade mark infringement and passing off by use of the impugned mark SRI AACHI MESS.
2. The suit summons was served on the sole defendant on 04.09.2025. By order dated 19.01.2026, it was recorded that the defendant had forfeited the right to file written statement. On 04.02.2026, the defendant was set ex parte. The plaintiffs recorded 4/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 12:06:07 pm ) C.S.(Comm.Div.) No.208 of 2025 ex parte evidence by examining Mr.B.Gnanasambandam, General Manager – L & S, of the second plaintiff, as P.W.1. In course of the examination in chief of P.W.1 on 18.02.2026, 39 documents were exhibited as Exs.P1 to P39.
3. Learned counsel for the plaintiffs referring to the legal use certificate relating to Trade Mark No.1116254 for the following device mark (Ex.P28) and to the legal use certificate relating to Trade Mark No.5274680 for the following device mark (Ex.P33).
She submits that the plaintiffs were originally in the spices business and that they expanded their business by getting into the ready to eat business and thereafter the restaurant business. Relying on the certificate issued by R.Muralidharan & Co., Chartered Accountants (Ex.P25), learned counsel submits that the turn over for financial year 2014-2015 was Rs.13,20,61,70,537/- and the advertising 5/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 12:06:07 pm ) C.S.(Comm.Div.) No.208 of 2025 expenditure in the said year was Rs.21,00,17,044/-. Adverting to the name board of the defendant (Ex.P38) and the invoices issued by the defendant, learned counsel submits that the rival mark infringes the essential feature of the plaintiffs’ mark.
4. The plaintiffs have obtained registrations of various word and device marks containing the element AACHI in Classes 30 and 43 (Exs.P27 to P34). On comparison between plaintiffs’ mark and the impugned mark, it appears that the plaintiffs’ mark is used in relation to vegetarian restaurants and the defendant’s mark is in relation to a non-vegetarian restaurant. Both marks contain the element AACHI. The nature of food served in the defendant’s restaurant is insufficient to conclude that services are not similar. Thus, the defendant is the later user of a deceptively similar mark in respect of similar services. The plaintiffs have provided evidence of turn over and advertising expenditure by way of Chartered Accountant’s Certificate (Ex.P25). The suit was preceded by cease and desist notice dated 13.05.2025 (Ex.P39). Considering the above evidence and in the absence of contra evidence from the defendant, the suit claim stands proved.
5. Accordingly, the suit is decreed in terms of reliefs claimed in paragraph Nos.45(a) to (d) of the plaint. As the successful party, 6/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 12:06:07 pm ) C.S.(Comm.Div.) No.208 of 2025 the plaintiffs are also entitled to costs. The defendant is directed to pay a sum of Rs.3,00,000/- as costs towards court fee, lawyer’s fees and other expenses. Consequently, connected application is closed.
09.03.2026 Index:Yes/No Neutral Citation:Yes/No mmi Plaintiffs’ witness:
P.W.1 – Mr.B.Gnanasambandam Documents exhibited by the Plaintiff:
Sl. Exhibits Description
No.
1 Ex.P1 Original Authorization letters (3 Nos.) dated
17.02.2026.
2 Ex.P2 Original Board Resolution dated 09.07.2025
3 Ex.P3 Printout of the list of products manufactured and
marketed by the Plaintiffs bearing the trademark AACHI (along with 63(4) (c) Bharatiya Sakshya Adhiniyam 4 Ex.P4 Photocopy of the Certificate of incorporation dated 30.06.2006 of Aachi Masala Foods P Ltd. 5 Ex.P5 Photocopy of the Certificate of Commercial Tax Registration of Aachi Masala & Foods (P) Ltd dated 10.07.2006 6 Ex.P6 Photocopy of the Deed of Assignment dated 01.12.2006 between Abishek Enterprises and Aachi Masala Foods Pvt. Ltd.
7 Ex.P7 Photocopy of the Deed of Assignment dated 01.12.2006 between Naveen Products and Aachi Masala Foods Pvt. Ltd., 7/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 12:06:07 pm ) C.S.(Comm.Div.) No.208 of 2025 Sl. Exhibits Description No. 8 Ex.P8 Photocopy of the Dissolution Deed between Mrs. Rani Pandian and Mr. A.D.Padmasingh Isaac dissolving the partnership firm, Naveen Products dated 31.03.2007.
9 Ex.P9 Photocopy of the Certificate of Commercial Tax Registration and Central Sales Tax of Aachi Spices & Foods dated 28.12.2006 and 03.01.2007. 10 Ex.P10 Photocopy of the Deed of Assignment between Aachi Masala Foods Pvt Ltd and Mr.A.D. Padmasingh Isaac trading as Aachi Spices and Foods dated 30.03.2007.
11 Ex.P11 Photocopy of the Trade Mark License user Agreement between Mr. A. D. Padmasingh Isaac trading as Aachi Spices and Foods and Aachi Masala Foods Pvt Ltd dated 01.04.2007. 12 Ex.P12 Photocopy of the Certificate of incorporation of Aachi Spices and Foods P Ltd. Dated 17.03.2010. 13 Ex.P13 Photocopy of the Memorandum of Association of Aachi Spices and Foods P Ltd. Dated 06.03.2010. 14 Ex.P14 Photocopy of the Trade Mark License user Agreement between Mr. A. D. Padmasingh Isaac and Aachi Spices and Foods Pvt Ltd dated 21.04.2010 15 Ex.P15 Photocopy of the Trade Mark License user Agreement between Mr. A. D. Padmasingh Isaac and Aachi Masala Foods P Ltd dated 21.04.2010. 16 Ex.P16 Photocopy of the Trademark License user Agreement between Mr. A. D. Padmasingh Isaac and Aachi Masala Foods P Ltd, dated 04.03.2020. 17 Ex.P17 Photocopy of the Trademark License user Agreement between Mr. A. D. Padmasingh Isaac and Aachi Spices and Foods Pvt Ltd, dated 04.03.2020.
18 Ex.P18 Photocopy of the Partnership Deed dated 30.09.2021 of the 3rd Plaintiff. 19 Ex.P19 Photocopy of the Trademark License user agreement between Mr. A. D. Padmasingh Isaac, Aachi Spices and Foods and Flora Foods dated 8/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 12:06:07 pm ) C.S.(Comm.Div.) No.208 of 2025 Sl. Exhibits Description No. 01.11.2021.
20 Ex.P20 Photocopy of the Invoice receipts(15 Nos.) for Aachi Namma Kitchen.
21 Ex.P21 Photocopy of the Plaintiffs Advertisement in RITZ Magazine.
22 Ex.P22 Photocopy of the Registration Certificates of the mark AACHI in various countries around the world.
23 Ex.P23 Photocopy of the Madrid Protocol Registration in classes 29, 30, 43 with respect to the Trademark AACHI (Word) & (Device) designating 107 & 117 countries valid and subsisting as on date.
24 Ex.P24 Photocopy of the Sample sales invoices for the year 2000 to 2024.
25 Ex.P25 Photocopy of the Chartered Accountant certificates.
26 Ex.P26 Photocopy of the Sample advertisement Invoices and expenses for the year 1999 to 2025. 27 Ex.P27 Photocopy of the Legal use certificate of Trade Mark No. 838786 in Class 30, Registration date :
29.01.1999.
28 Ex.P28 Photocopy of the Legal use certificate of the Trademark No. 1116254 in Class 30, Registration dated 03.07.2002.
29 Ex.P29 Photocopy of the Legal use certificate of the Trademark No. 1715718 in Class 43, Registration dated 30.07.2008.
30 Ex.P30 Photocopy of the Legal use certificate of the Trademark No. 2965624 in Class 43, Registration dated 18.05.2015.
31 Ex.P31 Photocopy of the Legal use certificate of the Trademark No. 1479159 in Class 30, Registration dated 17.08.2006.
32 Ex.P32 Photocopy of the Legal use certificate of the Trademark No. 5275581 in Class 43, Registration 9/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 12:06:07 pm ) C.S.(Comm.Div.) No.208 of 2025 Sl. Exhibits Description No. dated 06.01.2022.
33 Ex.P33 Photocopy of the Legal use certificate of the Trademark No. 5274680 in Class 43, Registration dated 06.01.2022.
34 Ex.P34 Photocopy of the Legal use certificate of the Trademark No. 5446987 in Class 43, Registration dated 13.05.2022.
35 Ex.P35 Printout photograph of the AACHI NAMMA KITCHEN’S name board (along with 63(4) (c) Bharatiya Sakshya Adhiniyam) .
36 Ex.P36 Original AACHI NAMMA KITCHEN’S Menu card. 37 Ex.P37 Printout of the order passed by Trademark Trial and Appellate Board, United States Patent and Trademark office dated 13.09.2016 (along with 63(4) (c) Bharatiya Sakshya Adhiniyam) . 38 Ex.P38 Printout copy of the Defendant’s name Board and Bill (along with 63(4) (c) Bharatiya Sakshya Adhiniyam) .
39 Ex.P39 Office copy of the Cease & Desist Notice sent to the Defendant dated 13.05.2025 with postal receipt and track consignment 09.03.2026 10/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/03/2026 12:06:07 pm ) C.S.(Comm.Div.) No.208 of 2025 SENTHILKUMAR RAMAMOORTHY,J.
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