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2025 Supreme(Online)(MAD) 10507

HIGH COURT OF MADRAS
Honourable Mr Justice SENTHILKUMAR RAMAMOORTHY
M/s Sangeetha Caterers And Consultants Llp – Appellant
Versus
M/S NELLAI SANGEETHAS – Respondent


J U D G M E N T

The suit was filed for reliefs in respect of alleged infringement of trade mark and passing off. Suit summons was served on the sole defendant on 31.08.2024. Since the defendant failed to enter appearance in spite of receipt of suit summons, by order dated 11.12.2024, the defendant was set ex parte. Thereafter, the plaintiff adduced evidence by examining Mr.P.Suresh, partner of the plaintiff firm, as P.W.1. In course of the ex parte evidence of P.W.1, 32 documents were exhibited as Exs.P1 to P32.

2. Learned counsel for the plaintiff submits that the plaintiff adopted and used the word mark SANGEETHA and related word and device marks since 1990. By referring to Exs.P8 to P13, learned counsel submits that legal use certificates in respect of the plaintiff's trade mark have been placed on record. Learned counsel also submits that invoices relating to services provided by third parties have been placed on record to establish use of the relevant trade marks. He also relies upon Exs.P17 to P19 and submits that these documents provide evidence that the aggregate annual turnover for financial year 2022-2023 is in the region of Rs.300 crores. Learned counsel also referred to

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