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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
A.D. Padmasingh Isaac, Proprietor, Aachi Spices and Foods, Chennai & Others - Plaintiffs
Versus
Karaikudi Aachi Mess, Tiruppur & Others - Defendants
C.S. (Comm. Div) No. 136 of 2023
Decided On : 05-03-2024
Trade Marks Act - Infringement and Passing Off - Sections 27(2), 29, 134, 135
Fact of the Case:
The plaintiffs filed a suit for infringement and passing off, claiming that the defendants were using a deceptively similar trademark 'KARAIKUDI AACHI MESS' to the plaintiffs' trademark 'AACHI'. The plaintiffs had obtained trademark registration for their restaurant business and had sent cease and desist notices to the defendants, who continued to use the infringing trademark.
Finding of the Court:
The court found in favor of the plaintiffs, granting permanent injunctions against the defendants from using the infringing trademark, and directing the removal of the infringing name and details from online platforms. The court partially decreed the suit in favor of the plaintiffs and directed the defendants to pay the costs of the suit.
Issues: Infringement and passing off of trademark, validity of cease and desist notices, ex-parte orders against the defendants
Ratio Decidendi: The court considered the evidence presented by the plaintiffs, including trademark registrations, sales turnover, and advertisement costs, to establish the reputation and distinctiveness of the trademark 'AACHI'. The defendants' continued use of the deceptively similar trademark despite cease and desist notices supported the finding of infringement and passing off.
Final Decision: The court granted permanent injunctions, directed the removal of infringing details from online platforms, and ordered the defendants to pay the costs of the suit.
JUDGMENT :
(Prayer: Plaint has been filed 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 Marks Act, 1999 prays for judgment and decree :
(a) granting a permanent injunction, restraining the 1st Defendant, by himself, his servants, agents, distributors, or anyone claiming through him from manufacturing, selling, advertising and offering for sale or providing services using the name 'KARAIKUDI AACHI MESS' or any other similar Trade Mark name or similar sounding expression in any media, websites, online trade, mobile applications and use the same in name board, invoices, letter heads and visiting cards or by using any other trade mark/name which is in any way visually or deceptively or phonetically similar to the 1st Plaintiff's trade mark/name AACHI/AACHI CHETTINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN and use the same in pouches, packets or use the mark in invoices, letters heads and visiting cards, websites, online trade, mobile applications and internet advertising or part of their restaurant name any other trade literature or Menu card by using any other trade mark which is in any way visually, or phonetically similar to the Plaintiffs' registered Trade Mark Nos. 838786, 1116254, 1479159, 1715718, 2965624, 5275581, 5274680 & 5446987 or in any manner infringing the 1st Plaintiff's registered Trade Marks referred herein.
(b) granting a permanent injunction restraining the 1st Defendant by itself, its agents or servants or anyone claiming through or under him any business marketing, selling advertising using in trade literature, menu cards, invoices, name boards, websites, online trade, mobile applications, internet advertisements the mark/name 'KARAIKUDI AACHI MESS' in relation to the Restaurant or with respect to or any other food preparation or on any other business the impugned trademark/name which is in any manner deceptively or phonetically confusingly similar to the Plaintiffs Trade Mark/name AACHI/AACHI CHETTINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN or in any other manner pass off their hotel, business or goods as and for that of the Plaintiffs.
(c) mandatory injunction directing the 2nd & 3rd Defendants to remove or take down the name and details of the 1st Defendant in the following impugned links:
https://www.zomato.com/tiruppur/karaikudi-aachi-mess
valliammal-nagar/order
https://www.swiggy.com/restaurants/karaikudi-aachi-mess-
southkaruyampalayam-tirupur-210982
from the local searches of the 2nd & 3rd Defendant's online databases. web and mobile application reflecting the infringing name KARAIKUDI AACHI MESS in relation to the Restaurant services or with respect to any other food preparation or on any other similar business or providing information, menus and user reviews pertaining to such Restaurant services or with respect to any other food preparation or on any other similar business in any manner so as to cause confusion to the public with respect to the Plaintiffs Trade Mark/name AACHI/AACHI CHETTINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN.
(d) directing the Defendants to surrender to the Plaintiffs all the packing material, cartons, advertisement materials and hoardings, letter heads, visiting cards, office stationery and all other materials containing/bearing the name "KARAIKUDI AACHI MESS or other identical trade mark used in the pouches and packets bearing the word AACHI/AACHI CHETINAD RESTAURANT/AACHI KITCHEN/AACHI NAMMA KITCHEN/AACHI BHAVAN.
(e) directing the Defendants to render an account of profits made by them by the use of the impugned trademark 'KARAIKUDI AACHI MESS on the service referred and decree the suit for the profits found to have been made by the Defendant, after the Defendant has rendered accounts:
(f) directing the Defendants to pay to the Plaintiffs the costs to the suit, and
(g) pass such further or other orders, as this Hon'ble Court may deem fit and pr
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 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 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 central legal point established in the judgment is the importance of prior user and registration of a trade mark, likelihood of confusion due to similarity, and the lack of evidence to prove a te....
Prior use and registration of a trademark are essential for establishing rights and preventing consumer confusion in trademark disputes.
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....
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