JUDGMENT :

Dr. G. Jayachandran, J.

1. The suit is filed under the Trademarks Act alleging that the plaintiff's registered trademark "AROKYA" is infringed by the defendant who is marketing its product under the name "AROGIYAM MILK".

2. According to the plaintiff, they adopted the unique trademark for their milk and milk products. Under the registered trademark "AROKYA", they manufacture Dairy products like ice creams, dairy whitener, skimmed milk powder, AGMARK Certified Ghee, Cooking Butter, Milk, varieties of curd, paneer and butter milk. They are in the trade since 1970, enjoying good reputation and patronage in the trade and general public. While so, their popular brand "AROKYA" has been imitated and infringed by the defendant for passing off the products as that of the plaintiff. Hence sought for the following relief:-

(a) For permanent Injunction restraining the defendant by itself, its agents, servants, distributors or any one claiming through it from using in any manner whatsoever upon and in relation to their business the "AROKYA" trademark by exposing for sale or using them or copying/reproducing or causing reproduction of the same in any packaging or literature or any colour