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2016 Supreme(Mad) 3481

M.M.SUNDRESH
Hatsun Agro Product Ltd. – Appellant
Versus
Arokya Food Products – Respondent


Advocates Appeared:
For the Applicant : A. Prabakara Reddy for M/s. APR Associates.
For the Respondent: Abdul Quaddhose.

JUDGMENT :

1. O.A. Nos. 1145 and 1146 of 2015 are filed by die plaintiff in a suit for permanent injunction inter-alia alleging infringement of the trade mark and passing off by the defendant, thus, seeking interim prohibitory orders from doing so. Seeking vacation of the orders passed in those applications in O.A. Nos. 1145 and 1146 of 2015, A. Nos. 1554 and 1555 of 2016 have been filed by the defendant.

2. For the sake of brevity, the applicant and respondents in O.A. Nos. 1145 and 1146 of 2015 of 2016 are arrayed as such.

3. The Facts in Brief:-

3.1. A venture came into being under the name of “Hatsun Dairy Pvt. Ltd.” which was subsequently changed to “Hatsun Milk Products” and thereafter as “Hatsun Agro Products Ltd.” in the years 1993, 1996 and 1998. It was further merged with “Hatsun Agro Products Ltd.” in 1998, now the applicant. The applicant is said to be producing substantial quantity of milk. It also ventured^ into milk products under the trade mark “Hatsun”. A registration has been done under the trade mark “Arokya” a fresh creamy milk under Class 30 of the Fourth Schedule under I lie Trade Mark Rules 2002 in the year 1995. Thereafter, in 2005 and 2006, registrations have b


































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