JUDGMENT :

(Prayer: Civil Suit has been filed under Order IV, Rule 1 O.S.Rules read with Order 7 Rule 1 CPC read with Section 27, 134 and 135 of the Trade Marks Act, 1999 and Section 51, 55, 58 and 62 of the Copy Rights Act, 1957, praying to pass a judgment and decree for:-

(a) A Perpetual injunction restraining the defendants, their distributors, stockiest, servants, agents, retailers, representatives, sister concerns, affiliates or any other person claiming under/through them from in any manner infringing the plaintiffs registered trademark ‘UDHAIYAM’ and/or the mark/device/logo/artistic work of sunrays by hosting websites/web pages, manufacturing, selling, offering for sale, stocking, advertising, exporting, importing either directly and/or indirectly any goods and in particular any Masala powders or other food products under the trademark ‘UDAYA’ and/or the mark/device/logo/artistic work of sunrays as shown in plaint document No.12 either per-se or in combination and/or any other mark/device either in English or Tamil or any other language, which is idential with and/or deceptively similar to plaintiffs’ registered trademark “UDHAIYAM” and/or the mark/device/logo/artistic work of