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The plaintiff which is a registered Proprietor of the Trademark 'LOTTE COFFY BITE' seeks injunctive reliefs restraining the defendant from manufacturing, distributing, marketing, selling, offering for sale, advertising or in any manner dealing with toffees, chocolates, confectionery etc., bearing an almost identical trademark 'COFFEE TOFFEE', with a similar colour scheme for the wrappers, containers, labels and pouches, restraining the defendant, their representatives etc., from infringing the copyright of the plaintiff by making substantial production of the artistic work, label, pouches and packing materials of the plaintiff's products, restraining the defendant from passing off their https://www.mhc.tn.gov.in/judis/ product as the product of the plaintiff, a mandatory injunction directing the defendant to surrender for destruction of containers, pouches, labels and other packing materials with the deceptively similar trademark 'COFFEE TOFFEE', a preliminary decree for accounts, damages and for costs.

2. The defendant though served has not entered appearance to contest the claim.

3. According to the plaintiff, the plaintiff which is the successor in interest of M/s.Parrys Confectionery Ltd., launched a coffee toffee and got the trade mark 'COFFY BITE' registered for the label with particular colour scheme. The registration were done in the year 2005. The defendant floated its products in the market with a name 'COFFEE TOFFEE'. The wrappers of the toffee of the defendant were in the same colour scheme and were also deceptively similar to the colour scheme and font of the letters adopted by the plaintiff. Claiming that the defendant is infringing its trademark as well as the copyright, the https://www.mhc.tn.gov.in/judis/ plaintiff had come to Court seeking aforesaid injunctive reliefs and damages.

8 Ex.P8 The specimen of plaintiff's LOTTE COFFY BITE.

9 Ex.P9 The specimen of defendant's COFFEE TOFFEE.

https://www.mhc.tn.gov.in/judis/ Sl.No Exhibits Description of documents .

10 Ex.P10 The specimen of plaintiff's LOTTE COFFY BITE pouch / packet.