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2021 Supreme(Mad) 1888

G. JAYACHANDRAN
Hatsun Agro Product Ltd. , Chennai – Appellant
Versus
Sri Ganapathy Dairy, A Partnership Firm, Represented by its partners, Coimbatore – Respondent


Advocate Appeared:
For the Plaintiff :N. Surya Senthil, Prashant Alai for M/s. Surana & Surana, Advocates
For the Defendant :Elizabeth Seshadri, Advocate

JUDGMENT :

(Prayer: This Suit is filed under Order IV Rule 1 of Original Side Rules and Order VII Rule 1 of C.P.C read with Sections 29 and 134 of the Trade Marks Act, 1999 and Sections 2(1) (c)(viii) and 7 of the Commercial Courts Act, 2015.

(a). For Permanent Injunction restraining the defendant by itself, its agents, servants or any one claiming through it from in any manner infringing the Plaintiff’s Trade Marks “ARUN” by using the trademark “ARUN” or any other mark or marks which are in any way identical or deceptively similar or colourable imitation of the Plaintiff’s registered trademarks as described in the Schedule to the Plaint.

(b). For permanent injunction restraining the Defendant by itself, its servants or agents or anyone claiming through it from in any manner passing off its products as that of the Plaintiff by using the offending trademark “ARUN” which are similar, deceptively similar and identical to the Plaintiff’s trademark “ARUN” or by using any other trademark which is similar, deceptively similar or identical to that of the Plaintiff’s trademark “ARUN” by manufacturing or selling or offering for sale or in any manner advertising the same.






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