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2019 Supreme(Mad) 3059

N.SATHISH KUMAR
N. S. Krishnamoorthy – Appellant
Versus
Afru Hearing Aid Centre – Respondent


Advocate Appeared:
For the Appellant :Sthish Kumar for P.C.N. Ragupathy, Advocates
For the Respondent:M.S. Bharath and R. Suresh, Advocates

JUDGMENT :

N. Sathish Kumar, J.

1. This suit has been filed for a permanent injunction restraining the defendants and his men from in any manner infringing the copyright and trademark of the plaintiff or trade name 'Hearing Aid Centre' and passing off the plaintiff's goods as that the defendant and for cost.

2. Brief facts of the plaintiff case is as follows:

2.1. The plaintiffs are carrying on business in wholesale and retail trading and marketing of 'Hearing Aids and Apparatus' under the name and style of 'Hearing Aid Centre' with 'HAC' logo for the last 36 years. They have gained reputation and goodwill attached to their trade name and trade mark from the year 1981. The plaintiffs' 'Hearing Aid Centre' [HAC] is a pioneer in the hearing health care industry and has been at the forefront of all this from the day one diagnosis with suitable hearing technology. The plaintiffs have obtained registration of their trade name 'Hearing Aid Centre' with 'HAC' logo under the trade Mark No. 85248 and 1523851 in class 10 in respect of goods Hearing Aids and Apparatus in the name of the first

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