IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 27.09.2022 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR C.S(Comm. Div.)No.208 of 2022 & A.Nos. 4296 and 4297 of 2022 &O.A.Nos.626 to 628 of 2022 Mohamed Aboobacker Chank Lungi Pvt. Ltd., rep. by its Managing Director Mr.Umar Farook No.190, Thambu Chetty Street Chennai - 600 001 ... Plaintiff vs.

1. Revathy Textiles

288, Eswaran Koil Street Erode - 638 001

2. M.Usharani Sarees, 14, Prakasam Street Pazhaniammal Complex Erode - 638 001

3. K.Saminathan Tex Shop No.27, Kani Market

61, Thiruvenkatasami Street P.S.Park Erode - 638 001

4. Shri Sabari Tex

76, 88, NMS Compound Erode Fort Erode - 638 001

5. Mr.Ashok Kumar ... Defendants This Civil Suit is preferred, under Order IV Rule 1 of Madras High Court Original Side Rules, 1956 read with Order VII Rule 1 of the Code of Civil Procedure, 1908 read with Sections 27, 28, 29, 134 and 135 of the Trademarks Act, 1999 and Sections 51, 55 and 62 of the Copyright Act, 1957 and Sections 2(1)(c)(xvii) and 7 of the Commercial Courts Act, 2015 for the following reliefs:

a. For permanent Injunction restraining the defendants by themselves, their agents, servants, assigns, representatives or any one claiming through them from in any manner infringing the Plaintiff's Registered trademarks CHANK, SANGU and the devise of Conch as described in the Schedule A hereunder by using the identical mark SANGU, SENGU, SANGAM, CHANK, CHANKU and/or the offending deceptively similar label with the device of Conch, or any other mark, label or device which is identical or deceptively similar to or a colourable imitation of the plaintiff's trademarks SANGU and the device of Conch;

b. For permanent Injunction restraining the defendants by themselves, their agents, servants, assigns, representatives or any one claiming through them from in any manner infringing the copyright in the artistic features associated with the plaintiff's artistic work Device of Conch as contained in the Schedule B hereunder by using the offending label with the device of Conch or any other mark, label or device, which is a colourable imitation of the Plaintiff's copyright in artistic work Device of Conch either by manufacturing or selling or offering for sale or in any way advertising the same or in any other manner whatsoever;

c. For permanent Injunction restraining the defendants by themselves, their agents, servants, assigns, representatives or any one claiming through them from in any manner passing off or enabling others to pass of the defendants' products as and for that of the Plaintiff's products by using the identical trademark SANGU, SENGU, SANGAM, CHANK or CHANKU or through the offending label with the device of conch or any other trademark which is identical or deceptively similar to the Plaintiff's trademark CHANK, SANGU, the device of Conch and/ or the SANGU label, either by manufacturing or selling or offering for sale or in any way advertising the same or in any other manner whatsoever;

d. Directing the Defendants to surrender to the Plaintiff entire goods with the labels, packaging materials, stock of unused labels together with the blocks and dyes, name boards, signboards, stationery materials etc., containing the impugned mark SANGU, SENGU, SANGAM, CHANK or CHANKU and label with the device of Conch for destruction;

e. Directing the Defendants to render true and faithful accounts of the profits earned by them using the offending trademark SANGU and label with the device of Conch and pay such profits to the Plaintiff as damages;

f. Directing the Defendants to pay the Plaintiff the cost of the suit;

g. Grant such further or other orders as this Hon'ble Court may deem fit and proper under the circumstances of the case.

For Plaintiff : Mr.A.Prabhakara Reddy assisted by Mr. A.Prasanna Venkat of M/s.APR Associates (Law Firm)

O R D E R

This Judgement / order will now dispose of captioned main suit, namely C.S (Comm.Div.) No.208 of 2022 and will consequently dispose of the captioned applications.

2. Ca