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2018 Supreme(Mad) 898

M.SUNDAR
Adyar Ananda Bhavan Sweets & Snacks, Rep by its Partner K. T. Venkatesan, Chennai – Appellant
Versus
Sree Keerthi Bhavan, Chennai – Respondent


Advocates Appeared:
For the Plaintiff :U. Archana for K. Harishankar, Advocates.

JUDGMENT :

1. This suit has been filed alleging infringement of registered trademark of plaintiff and passing off.

2. The nucleus of this suit is a registered trademark bearing Trademark No.1225607. The Legal Use Certificate ('LUC' for brevity) of the said trademark, i.e., Trademark No.1225607, has been marked as Ex.P.4. A perusal of Ex.P.4 reveals that the mark has been registered in Class 30. The date of registration is 21.8.2003, it has been renewed on 21.8.2013 and it is valid upto 21.8.2023. In other words, it is subsisting as on date of filing of the suit, i.e., 20.12.2017. To be noted, it continues to subsist today also.

3. It further unfurls from LUC that the word mark that has been registered is 'Adyar Ananda Bhavan'. The trademark type is device, which is as follows:

“IMAGE”

4. This registered trademark is hereinafter referred to as 'suit trademark' for the sake of convenience and clarity.

5. Besides the suit trademark, it is the case of plaintiff that they have applied for registration of several other marks in different classes and there is enumeration of about 34 of such applications. These 34 applications enumerated in a tabular form has been marked as Ex.P.6. I deem it app





















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