JUDGMENT :

N. ANAND VENKATESH, J.

Prayer: Plaint under Order IV, Rule 1 of the Original Side Rules and Order VII, Rule 1 of the C.P.C. read with Sections 27(2), 29, 134 and 135 of the Trade Mark Act, 1999.

The Plaintiffs, therefore, pray for a Judgment and Decree for:

(a) granting a permanent injunction, restraining the Defendant, by itself, its servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using same or similar label, get up and colour scheme used by the Defendant shown in Document No. 2 or in relation to chilli powder, cumin powder, fennel powder, pepper powder, rasam powder, sambar power, coriander powder, idly chilly powder, lemon rice powder, kulambu chilli powder, chicken fry mix powder, mutton masala, egg curry masala, and fish curry masala or any masala items and use the same pouches, packets of masalas and spices or any other goods or by using any other Trademark which is in any way visually, and deceptively similar to the Plaintiffs’ label marks’ label as shown in Document No. 1 or device of “AACHI” registered under No. 1595537 or in any manner infringe the Plaintiffs’ registered Trademarks under No’s 3352398, 3352399, 3352400, 3352401, 3352402, 3352403, 3352404 and 3352405.

(b) granting a permanent injunction, restraining the Defendant, by itself, its servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using same or similar get up, and colour scheme used by the Defendant shown in Document No. 2 or by using any other trade mark which is in any way visually or deceptively similar to the Plaintiffs’ Trademark “AACHI” label as shown in Document No. 1 or device of AACHI in relation to any masala items and use the same pouches, packets of chilli powder, cumin powder, fennel powder, pepper powder, rasam powder, sambar powder, coriander powder, idly chilly powder, lemon rice powder, kulambu chilly powder, chicken fry mix powder, mutton masala, egg curry masala, and fish curry masala, 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 and deceptively similar to the Plaintiffs’ Trademarks as shown in Document No. 1 or AACHI in any manner pass of the Plaintiffs goods.

(c) directing the Defendant to surrender to the Plaintiffs all the packing material, cartons, advertisement materials and hoardings, letterheads, visiting cards, office stationery and all other materials containing/bearing the name ‘AVM’ 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 AVM 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.

(e) directing the Defendant to pay to the Plaintiffs the costs to the suit.

(f) pass further or other order, as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.

1. The present suit is filed seeking for the relief of permanent injunction restraining the defendant from using pouches which are deceptively similar in respect of chilly powder, sambar powder, rasam powder, chicken 65/kabab fry mix powder, mutton masala, kulambu chilly powder, lemon rice powder, idli chilly powder cumin powder, fennel powder, coriander powder, egg curry masala, fish curry masala and pepper powder; for an order restraining the defendant, his servants agents distributors or anyone claiming through them from manufacturing selling advertising and offering for sale using the same or similar get up and colour scheme used by the defendant; a direction to the defendant to surren