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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY, J.
A.D. Padmasingh Isaac, Trading as Aachi Spices & Foods, Chennai & Another - Appellant
Versus
M/s. Sruthi's Food Products, Chennai - Respondent
Civil Suit(Comm.Div) No. 131 of 2015
Decided On : 29-07-2022
Trade Marks - Infringement and Passing Off - Section 27(2), 29, 134 and 135 of the Trade Marks Act, 1999 - The court granted a permanent injunction restraining the defendant from using a name or similar get up, and color scheme visually or phonetically similar to the plaintiff's registered Trademark AACHI MASALA KULAMBU CHILLY POWDER as shown in Document No.1 or in relation to any masala items. The defendant was also directed to surrender all materials containing the name SRUTHI'S MASALA and render an account of profits made by them using the impugned Trademark and get up as shown in Document No.2 on the goods referred.
Fact of the Case:
The suit was filed for alleged infringement of the plaintiffs' device mark AACHI MASALA KULAMBU CHILLY POWDER and passing off by the use of the label exhibited as Ex.P19. The defendant obtained cancellation of the device mark registration and started using a new label, leading to an amendment of the plaint for wider relief.
Finding of the Court:
The court decreed the suit in terms of prayers (a) & (b) of the unamended plaint, permanently restraining the defendant from using the label exhibited as Ex.P19. The defendant voluntarily cancelled the impugned label shortly after the institution of the suit.
Issues: The court framed issues including prior use of the color scheme, infringement of the registered Trademark, similarity of the defendant's label to the plaintiffs', entitlement to relief in respect of labels/registrations adopted subsequent to the date of the suit, and other relief entitled to by the parties.
Ratio Decidendi: The court found that the defendant's use of a label substantially or deceptively similar to the registered label of the plaintiffs constituted infringement and passing off, leading to the grant of a permanent injunction and other relief.
Final Decision: The suit was decreed in favor of the plaintiffs, permanently restraining the defendant from using the label exhibited as Ex.P19. The parties were to bear their respective costs.
JUDGMENT
(Prayer: The suit is filed under Order IV Rule 1 of the Original Side Rules and Order VII Rule 1 of the C.P.C. R/W Section 27(2), 29, 134 and 135 of the Trade Marks Act, 1999, (a) granting a permanent injunction, restraining the defendant, by itself, its servants, agents, distributors, or anyone claiming through him from manufacturing, selling, adverting and offering for sale using name or similar get up, and colour scheme used by the defendant's shown in Document No.2 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 deceptively or phonetically similar to the plaintiff's Trademark AACHI MASALA KULAMBU CHILLY POWER as shown in Document No.1 or in relation to any masala items and use the same pouches, packets of masalas and spices or any other goods or 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 plaintiff's registered Trademark No.1318495, or in any manner infringe the plaintiff's registered trademark; (b) granting a permanent injunction, restraining the defendant, by itself, its servants, agents, distributors, or anyone claiming through him from manufacturing, selling, adverting and offering for sale using name or similar get up, and colour scheme used by the defendant's shown in Document No.2 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 deceptively or phonetically similar to the plaintiff's Trademark AACHI MASALA KULAMBU CHILLY POWER as shown in Document No.1 or in relation to nay masala items and use the same pouches, packets of masalas and spices or any other goods or 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 plaintiff's registered Trademark AACHI MASALA KULAMBU CHILLY POWER as shown in Document No.1, or in any manner pass off the plaintiff's goods; (c) directing the defendant to surrender to the plaintiff all the packing material, cartons, advertisement materials and hoardings, letter-heads, vising cards, office stationery and all other materials containing/nearing the name SRUTHI'S MASALA and packets in the Color Scheme and get up as shown in Document No.2 or other deceptively similar trade mark used in the pouches and packets in respect of masalas; (d) directing the defendant to render an account of profits made by them by the use of the impugned Trademark and get up as shown in Document No.2 on the goods referred and decree the suit for the profits found to have been made by the defendant, after the defendant has rendered accounts and (e) to pay the costs of the suit.)
1. The suit was originally filed seeking relief in respect of alleged infringement of the plaintiffs' device mark AACHI MASALA KULAMBU CHILLY POWDER (Ex.P12) and passing off by the use of the label exhibited as Ex.P19.
2. After the suit was instituted, the defendant applied for and obtained cancellation of the device mark registration in respect of Ex.P19. Thereafter, the label exhibited as Ex.D4 is being used by the defendant. After the new label was adopted, the plaintiffs obtained permission to amend the plaint and the amended plaint is on record. The relief prayed for in the amended plaint is wider in scope.
3. Based on the pleading of parties, the Court framed the following issues on 06.07.2021:
(1) Whether the plaintiffs are the prior users of the color scheme, get up and layout of the suit Trademark?
(2) Whether there is an infringement of the registered Trademark of the first plaintiff by the defendant?
(3) Whether the label used by the defendant is substantially or deceptively similar to the registered label of th
The central legal point established in the judgment is the grant of a permanent injunction and other relief based on the defendant's infringement and passing off of the plaintiff's registered Tradema....
The plaintiffs were granted permanent injunction as the defendant's product labels were found to be visually and deceptively similar to the plaintiffs' registered trade mark.
The judgment establishes the principles of trademark infringement and passing off under the Trade Marks Act, emphasizing the importance of evidence demonstrating the reputation and distinctiveness of....
The court applied the Parle principle for comparison of competing marks and found that the defendant's mark was deceptively similar to the plaintiff's mark, leading to infringement and passing off.
Important Point :The use of a trademark that is phonetically and visually similar to a registered trademark can lead to confusion, constituting infringement, especially when dishonest conduct is evid....
A plaintiff must use their registered trademark to claim infringement; failure to do so undermines the basis for an injunction.
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