IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.10.2024 CORAM:

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.S.(Comm.Div.) No.151 of 2024 and O.A.Nos.581 & 582 of 2024 and A.Nos.4241, 4242, 4244 & 4462 of 2024 M/s. Kamachi Industries Limited, Having its registered Office at ABC Trade Centre Old No.50, (New No.39), 3^rd Floor, Anna Salai, Chennai, Tamil Nadu – 600 002. ... Plaintiff Versus

1.M/s.Kamachi Steels Private Limited, Having its registered office at No.644, T.H. Road, Tondiarpet, Chennai – 600 081.

2.Mr. Sardarmal Kothari

3.Mr. Vijay Kothari

4.Aadhya Trademarkes LLP, Having its registered office at No.23/10, Gandhi Nagar, 1st Street, Sathangadu, Thiruvottiyur, Chennai, Tamil Nadu, India – 600 019.

5.M/s. Goyal Ispat Private Limited, Having its registered office at No.664, T.H.Road, Tondiarpet, Chennai-600 081. ... Defendants Prayer : Plaint filed under Order IV Rule I of the Original Side Rules, 1956 read with Order 7 Rule 1 of the Code of Civil Procedure, and Sections 2(1)(C)(XVII) & 7 of the Commercial Courts Act, 2015 r/w Section 11, 29, 134, 135 of the Trade Marks Act, 1999. The plaintiff prayed the following prayers:-

(a) declaration that the use of Defendant’s Trademark bearing no.

4713223 (“Kamatchi TMT- with device of the Elephant”) and 4631140 (“Kamachi Power”) are deceptively similar or phonetically identical to that of Plaintiff’s Trademark bearing no. 2529819 which is in prior use for production of TMT bars, and are thus invalid;

(b) perpetual injunction restraining the Defendants, their men, servants, agents, assigns, subsidiaries or any anyone claiming through or under them or acting under their directions from in any manner manufacturing, selling, offering for sale, stocking, advertising, exporting, importing either directly and/or indirectly any goods and in particular any TMT bars, steel masts, steel pipes, steel buildings, steel sheets, steel stripes, steel wires, and steel tubes using the Plaintiff’s Trademark filed as Plaint Document No. 5, either per se or in combination with any other mark either in English or any other language which is identical with or deceptively similar to the Plaintiff’s Trademark filed as Plaint Document No. 5 including by way of the usage of Defendant’s Trademark No.1 filed Plaint Document No.6 and Defendant’s Trademark No.2 filed Plaint Document No.7 as so as to pass off the Plaintiff’s Trademark or Plaintiff’s products or in any other manner whatsoever connected with the Plaintiff;

(c) perpetual injunction restraining the Respondents, their men, servants, agents, assigns, subsidiaries or any anyone claiming through or under them or acting under their directions from in any manner manufacturing, selling, offering for sale, stocking, advertising, exporting, importing either directly and/or indirectly any goods and in particular any TMT bars, steel masts, steel pipes, steel buildings, steel sheets, steel stripes, steel wires, and steel tubes using the Applicant’s Trademark filed as Plaint Document No.5, either per se or in combination with any other mark either in English or any other language which is identical with or deceptively similar to the Applicant’s Trademark filed as Plaint Document No.5 including by way of the usage of Respondent’s Trademark No.1 filed Plaint Document No.6 and Respondent’s Trademark No.2 filed Plaint Document No.7 so as to infringe the Plaintiff’s Trademark or Plaintiff’s products or in any other manner whatsoever connected with the Plaintiff;

(d) pass an order directing the Defendants, more specifically, Defendant No.1 and Defendant No.5 to deliver all the embossing dyes, moulds, packaging materials, stickers, flyers and any other material pertaining to the Plaintiff’s Trademark to the Plaintiff;

(e) The defendants be ordered and decreed to pay to the Plaintiff a sum of Rs.25,00,000/- (Rupees Twenty-Five Lakhs only) as special damages for their illegal and unlawful acts including acts of passing off and infringement of trademark committed by them;