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(vii) The recitals in the deed of assignment only speak about the assignment of the registered trademarks and the deed of assignment itself is being challenged by the plaintiff in C.S.No.882 of 2013 and the genuineness of the deed of assignment has not been believed by this Court in O.A.Nos.667 and 668 of 2013 in C.S.No.605 of 2013. Even otherwise, the deed of assignment is only with respect to the registered trademarks and the same does not include either the business or the goodwill of the plaintiff/firm in relation to the snuff and cigar products. Therefore, the deed of assignment dated 15.10.2011 would not, by any stretch of imagination, permit or authorise the defendant to use the trademarks in question, for which the first plaintiff is the sole and exclusive owner and no assignment was also effected to the defendant herein at any point of time.

(xx) It is denied that the defendant herein is using the impugned trademarks for packaging of its snuff products and marketing of the same without obtaining either permission or assignment from the plaintiff. It is submitted that the defendant had already the registered proprietor of trademarke mentioned in the assignment deed. After the assignment deed the plaintiff got no right to file trademark application or any new right to use the mark. Since there is already a bar on the plaintiff to use the mark by virtue of the covenants in the assignment deed, the false claims of the plaintiff are untenable Therefore there is no restrictions or any impediment on the defendant to use any form of NC SNUFF trademarks Apart from this the present impugned trademark is already covered under the assignment bearing registration No.559308 in Class

(i) Whether the letter of Authorisation dated 09.12.2011 executed in favour of Anuradha is genuine or forged ?
(ii) Whether the deed of Assignment dated 15.12.2011 is genuine, forged or concocted ?
(iii) Whether the first defendant in C.S.No.882 of 2013 use of the assigned trademarks, amounts to infringement and passing off ?
assignment in favour of the plaintiff (two letters) dated 20.12.2011 P-5 Letter of the Registrar of Trademark for registration of the plaintiff as the subsequent proprietors of the assigned trademarks dated 19.08.2013 P-6 Invoice No.009, raised in the name of the plaintiff dated 20.08.2013 P-7 Registration of Partnership dated 21.08.2013 P-8 Invoice No.001, dated 21.08.2013 P-9 Invoice No.002, dated 23.08.2013 P-10 Invoice No.003, dated 23.08.2013 P-11 Invoice No.004, dated 26.08.2013 P-12 Logo, mark, packaging etc., of the plaintiff's https://www.mhc.tn.gov.in/judis C.S.(Comm.Div).Nos.605 and 882 of 2013 and 587 of 2015 Exhibit Description products P-13 Logo, mark, packaging etc., of the first defendant's products P-14 Stamped Deed of Assignment, duly stamped on 09.01.2014, dated 15.12.2011 P-15 Receipt for payment of stamp duty paid on Deed of Assignment dated 09.01.2014 P-16 Declaration affidavit of V.Anuradha P-17 Dispatch receipt of Vijayanth Trading, Kolkata dated 11.01.2014 P-18 Certificate of Registration of Trade Mark No.2864217 issued by Trademark Registry, Government of India, dated 17.12.2014 P-19 Certificate of Registration of Trade Mark No.2864219 issued by Trademark Registry, Government of India P-20 Letter from defendant to plaintiff along with cheque dated 21.06.2012 P-21 Deed of dissolution of partnership dated 06.11.2014 P-22 Certificate of Registration of Trademark No.2864227 dated 17.12.2014 P-23 Authorisation letter issued by the defendant in favour of plaintiff dated 09.12.2011 P-24 Letter from Axis Bank to the defendant dated 14.12.2011 P-25 Receipt for payment made by plaintiff into defendant account dated 15.05.2012 P-26 Form A submitted by the first respondent firm before the Registrar of Firms, dated 23.09.2013 P-27 Extract from the Website of the Commercial taxes Department, dated 28.09.2013 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div).Nos.605 and 882 of 2013 and 587 of 2015 Exhibit Description P-28 Police complaint lodged by the plaintiff dated 05.03.2014 P-29 Police Complaint lodged by plaintiff, dated 20.05.2014 P-30 Original deed of dissolution of partnership and reconstitution of the plaintiff as proprietorship concern dated 06.11.2014 P-31 Registered Trade marks in the name of plaintiff issued by Registrar of Trade Marks, Chennai dated 20.09.2021 List of witnesses on the side of defendants: