Indian Kanoon - Search engine for Indian Law

http://www.judis.nic.in

3. Under these circumstances, the plaintiffs came to know about the use of the same trademark AACHI by the defendant under the name and style of Madurai Aachi Appalam having office at Chinthamani, Madurai – 625009.

4. It is the contention of the plaintiffs that the defendant was well aware of the goodwill and reputation of the plaintiffs' trademark. The products manufactured by both the Plaintiffs and the defendant are being sold through the same trade channels. Therefore, they contended that the defendant is deemed to have knowledge of the nature and scope of the plaintiffs' business and manufacturing activities, bearing the trademark AACHI. Hence, the adoption and use of the impugned mark and the label amounts to fraud under the Trade Marks Act. Further, the plaintiffs' stated that the defendant has no valid reasons whatsoever to use the mark MADURAI AACHI, which is phonetically and deceptively similar to that of the plaintiff's; the defendant's acts are dishonest and motivated purely by mala fide intentions to poach upon the reputation and goodwill enjoyed by the plaintiffs; the defendant's should not be allowed to malign and dilute the goodwill and reputation enjoyed by the plaintiffs. http://www.judis.nic.in

7. This Court also gone through the proof affidavit filed by PW1 and the documents filed by the plaintiff in support of their claim.

8. On perusal of the averments in the plaint, proof affidavit and also Ex.P4, P.5, P.6, P.7, and P.8, viz., Registration Certificates of http://www.judis.nic.in Trademark issued by the Trademark Registry, vide Nos. 922594, 922595, 1318495, 922594 and 1357284 respectively, it is seen that the plaintiffs are the registered proprietors of the trademark “AACHI” with its reliable colour scheme, get up and design and label, and they are using the said trademark in respect of the product, viz. APPALAM, under the style AACHI APPALAM. The plaintiffs also filed Ex.P13 in order to substantiate that they are the legal user of the trademark 'Aachi'.

9. Thus, from the above facts, it is clear that the plaintiffs are the registered owner of the trademark “Aachi”, and they have the exclusive right to use the trademark in respect of their product, under the name and style ''Aachi Apallam''. In view of the exclusive right to use the trademark, ''Aachi' '' by the plaintiff, the adoption of the trademark, '' Madurai Aachi Appalam'', by the defendant would clearly amounts to infringement, in terms of Section 29 of the Trademarks Act, 1999. Hence, the plaintiffs are entitled to the relief as prayed in the suit. http://www.judis.nic.in