G.JAYACHANDRAN
A. D. Padmasingh Isaac, Trading as Aachi Spices and Foods, Chennai – Appellant
Versus
Sudali Aachi Provisions, Represented by its Partners, Muthumari Ammal & G. Iyyappan – Respondent
JUDGMENT :
(Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original Side Rules and Order VII, Rule 1 of the C.P.C. Read with Section 27(2), 29, 134 and 135 of the Trade marks Act, 1999 praying to pass a judgment and decree:
(a) granting a permanent injunction, restraining the defendant by itself, its servants, agents, distributors, or anyone claiming through him from manufacturing, selling, advertising, offering for sale and running the website using same or similar or identical Trade Mark SUDALI AACHI PROVISION/sudaliaachi.com or any other similar Trademark or in any media and use the same in invoices, letter heads and visiting cards or by using any other Trademark which is in any way visually or phonetically similar to the 1st plaintiff’s trademark AACHI/AACHI SUPER STORE and 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, or phonetically similar to the plaintiffs’ registered trademark No.1690157 in Class 42 or in any manner infringe the 1st plaintiff’s registered trademark.
(b) granting a permanent injunction, restraining the defendant, by itself, its servants, ag
JSB Cement Llp -vs- Assam Roofing Limited and others reported in AIR 2017 CAL 226
Lal babu Priyadarshini v. Amirtpal Singh reported in (2015) 16 SCC 795;
T.V.Venugopal v. Ushodaya Enterprises Limited and others reported in 2011(3) Scale 182.
Amritdhara Pharnmacy v. Satyadeo Gupta reported in AIR 1963 SC 449.
K.R.Chinna Krishna Chettiar v. Shri Ambal and Co.
Needle Industries (India) Limited v. Sanjay Jaiswal and others reported in 2002 (24) PTC 646 (Mad).
Parakhvanijya Private Limited v. Baroma Agro Product reported in (2018) 16 SCC 632;
Parle Products (P) Ltd., v. J.P. And Co.
T.V.Venugopal v. Ushodaya Enterprises Ltd.
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