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A.D. Padmasingh Isaav, Proprietor, Aachi Spices and Foods, Chennai - 600 040 & Another v/s K. Periandavar, Proprietor, Suji Tast Food Products, Nilakottai - 624 208, Dindigul District.

    C.S.No.277 of 2020 & A.No.2431 of 2020

    Decided On, 11 January 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE JUSTICE C.V. KARTHIKEYAN

    For the Plaintiffs: C. Daniel, Advocate. For the Defendant: S. Ezil Raj, Advocate.



Judgment Text

(Prayer: Plaint filed under and Order IV Rule 1 of the Original Side Rules and Order VII Rule 1 of the CPC Read With Sections 27(2), 29, 134 and 135 of the Trademarks Act, 1999, prayed for a Judgment and Decree:-

(a) granting a permanent injunction, restraining the Defendant, by itself, its servants, agents, distributors or anyone claiming through them from manufacturing, selling, advertising and offering for sale using same or similar label, get up, and colour scheme used by the Defendant shown in Document No.2 or in relation to any masala and use the same pouches, packets of masalas and spices or any other goods or by using any other Trademark which is in any way visually and deceptively similar to the Plaintiff's registered Trademark "AACHI MASALA KULAMBU CHILLY POWDER" label as shown in Document No.1 or by using any other Trademark which is in any way visually, and deceptively similar to the Plaintiff's registered Trademark No.1318495 or in any manner infringe the Plaintiff's registered Trademark.

(b) granting a permanent injunction, restraining the Defendant, by itself, its servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using same or similar get up, and colour scheme used by the Defendant shown in Document No.2 or by using any other trade mark which is in any way visually or deceptively similar to the Plaintiff's Trademark "AACHI MASALA KULAMBU CHILLY POWDER" label as shown in Document No.1 or AACHI in relation to any masala items and use the same pouches, packets of masalas and spices or any other goods or use the mark in invoices, letters heads and visiting cards or any other trade literature or by using any other Trademark which is in any way visually and deceptively similar to the Plaintiff's Trademarks "AACHI MASALA KULAMBU CHILLY POWDER" as shown in Document No.1 or AACHI in any manner pass off the Plaintiffs goods.

(c) Directing the defendant to surrender to the Plaintiffs all the packing material, cartons, advertisement materials and hoardings, letterheads, visiting cards, office stationery and all other materials containing / bearing the name SUJI TAST and packets in the Color Scheme and Get up as shown in Document No.2 or other deceptively similar trade mark used in the pouches and packets in respect of masalas.

(d) Directing the defendant to render an account of profits made by them by the use of the impugned Trademark get up as shown in Document No.2 on the goods 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 of the suit.

1. A Memorandum of Compromise dated 30.12.2020 had been presented in Court on 07.01.2021, which has been signed by the Proprietor of the first plaintiff and the Director of the second plaintiff and by the Proprietor of the defendant.

2. The relevant portions of the Memorandum of Compromise are as follows:

"1. The Defendant agrees that the 1st Plaintiff is the Registered Proprietor of the Trademark AACHI in word and various device registrations.

2. The Defendant agrees that the 1st Plaintiff is the prior user of the Trademark AACHI and the 2nd Plaintiff is its licensee.

3. The Plaintiffs and the Defendant have agreed to compromise the matter in the following terms:

4. The terms Plaintiffs and Defendant shall mean and include its heirs, executors, administrators, successors and assigns of each party.

5. The Defendant submits to a Judgment and Decree as prayed for in terms of prayers [a] & [b] of para 34 of the Plaint for

(a) granting a permanent injunction, restraining the Defendant, by itself, its servants, agents, distributors or anyone claiming through them from manufacturing, selling, advertising and offering for sale using same or similar label, get up, and colour scheme used by the Defendant shown in Document No.2 or in relation to any masala and use the same pouches, packets of masalas and spices or any other goods or by using any other Trademark which is in any way visually and deceptively similar to the Plaintiff's registered Trademark "AACHI MASALA KULAMBU CHILLY POWDER" label as shown in Document No.1 or by using any other Trademark which is in any way visually, and deceptively similar to the Plaintiff's registered Trademark No.1318495 or in any manner infringe the Plaintiff's registered Trademark.

(b) granting a permanent injunction, restraining the Defendant, by itself, its servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using same or similar get up, and colour scheme used by the Defendant shown in Document No.2 or by using any other trade mark which is in any way visually or deceptively similar to the Plaintiff's Trademark "AACHI MASALA KULAMBU CHILLY POWDER" label as shown in Document No.1 or AACHI in relation to any masala items and use the same pouches, packets of masalas and spices or any other goods or use the mark in invoices, letters heads and visiting cards or any other trade literature or by using any other Trademark which is in any way visually and deceptively similar to the Plaintiff's Trademarks "AACHI MASALA KULAMBU CHILLY POWDER" as shown in Document No.1 or AACHI in any manner pass off the Plaintiffs goods.

6. The Plaintiffs have absolutely no objection for the Defendant and their men and agents to use only the carton / label / packets as shown in ANNEXURE - A.

7. The Defendant undertakes not to oppose the Trademark Applications filed by the Plaintiffs for registration of the Trademark AACHI.

8. The Defendant shall withdraw any Application for Registration of the Trade Mark as contained in Plaint Document.

9. The Defendant shall not use the Trademark AACHI (word)

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& (device) or any of the label marks belonging to the Plaintiffs. 10. The Defendant has not adopted and shall not adopt any of the word or visual features of the Plaintiff's Trademark AACHI in future. 11. In view of the decree for permanent injunction the Plaintiff's have given up the relief contained in prayers [c], [d] & [e] in para 34 of the suit including cost of the suit." 3. In view of the same, suit is decreed in terms of Memorandum of Compromise. No order as to costs. Consequently, the connected Application is closed. The Memorandum of Compromise and the Annexure - A shall shall form part of the Decree.
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