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In Both C.R.P And C.M.A vs Ueir Organic Foods Private Limited

18. When it comes to phonetic identicalness/similarity, the trial Court found that the term "Uyir" a common word. Neither the term "Uyir" nor the term organic is a coined word, but it is a common word and nobody can claim exclusive proprietorship over such common word. It is also observed relying the judgment of the Court in A.D.Padmasingh Issac and another Vs. Aachi Aappakadai Chettinad 21/41 https://www.mhc.tn.gov.in/judis C.R.P.(P.D).No.1056 of 2021 A/C Restaurant reported in (2014) 3 MLJ 202 that distinctiveness or secondary meaning or long and uninterrupted use can be decided only at the time of the trial, on the basis of oral and documentary evidence but not in an Interlocutory Application, seeking an interim injunction.
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