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2016 Supreme(Mad) 3704

C.V.KARTHIKEYAN
Sangeetha Caterers and Consultants A Partnership Firm, by its Partner P. Rajagopal Chennai – Appellant
Versus
S. M. Subbaiah, trading as Selvalakshmi Sangeetha Restaurant – Respondent


Advocates Appeared:
For the Plaintiff : Mr. L. Rajasekar
For the Defendants : Mr. P.C.M. Raghupathy

JUDGEMENT :

This civil suit has been filed to pass a judgment and decree, against the Defendants:-

(a) granting a permanent injunction restraining the Defendants from in any manner infringing the Plaintiff's registered trademark 'APOORVA'S SANGEETHA' by using the offending word SANGEETHA either as a trade mark or part of his trading style or any other mark or marks, which are identical and similar to or a colourable imitation of the Plaintiff's registered trademark APOORVA'S SANGEETHA.

(b) granting permanent injunction restraining the Defendants from in any manner passing off of their products bearing the offending word SANGEETHA either as a trade mark or part of their trading style as and for the celebrated products of the Plaintiff bearing the registered trademark APOORVA'S SANGEETHA either by manufacturing or selling or offering for sale or in any manner advertising the same.

(c) directing the Defendants to surrender the name boards, entire stock of unused offending trade mark wrappers, bill books, etc. bearing the offending word SANGEETHA either as a trademark or part of his trading style, together with blocks and dyes for destruction.

(d) directing the Defendants to render and true








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