2025:MHC:1643 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.07.2025 CORAM THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.1920 of 2025 in C.S.(Commercial) No.52 of 2024

1. S.Sudhakar 2. S.Dhinakar

3. M/s.T.M.Karuppiah Nadar Sons No.84, M.C.Road, Old Washermenpet, Chennai-600 021.

Represented by its Partner S.Sudhakar ... Applicants/Plaintiffs vs.

1. M/s.Leela Udhyog, No.37/22/1, Kalupur Lat Bazar, Opp. Chokha Bazar, Kalupur, Ahmedabad-380 001 Gujarat Represented by its Partner Rajendra Rameshchandra Jain

2. Rajendra Rameshchandra Jain Partner and Person in-charge M/s.Leela Udhyog No.37/22/1, Kalupur Lat Bazar, Opp. Chokha Bazar, Kalupur, Ahmedabad-380 001 Gujarat

3. Rameshchandra Manoharlal Jain Partner M/s.Leela Udhyog No.37/22/1, Kalupur Lat Bazar, Opp. Chokha Bazar, Kalupur, Ahmedabad-380 001 Gujarat

4. Vihal Hastimal Jain Partner and Person in-charge M/s.Leela Udhyog No.37/22/1, Kalupur Lat Bazar, Opp. Chokha Bazar, Kalupur, Ahmedabad-380 001 Gujarat ...Respondents/

Defendants Nos.1-4

5. R.V.Traders, No.37/22/1, Kalupur Lat Bazar, Opp. Chokha Bazar, Kalupur, Ahmedabad-380 001 Gujarat ... Respondent/

Defendant No.5 Prayer in A.No.1920 of 2025 : Application is filed under Order XIV Rule 8 and Order XIIIA of the Code of Civil Procedure prayed to summarily decide and decree the present suit filed by the plaintiffs as prayed for.

P rayer in C.S.No.52 of 2024: Plaint filed under Order IV Rule 1 of O.S.Rules read with Order 7 Rule 1 CPC read with Sections 51, 55, 58 and 62 of the Copyright Act, 1957 and Section Sections 27, 134 and

135 of the Trade Marks Act, 1999, prayed to pass a judgment and decree for:

a) A permanent injunction restraining the defendants, their men, ser- vants, agents, assigns, subsidiaries or any anyone claiming through or under them or acting under their directions, from in any manner whatsoever infringing the plaintiffs' copyright contained in their TOWER label, filed herewith as Plaint Document No.3, by manufac- turing, selling, offering for sale, stocking, advertising, exporting, im- porting either directly and/or indirectly any goods and in particular any food or allied products including Dhall varieties under the “Eif- fel TOWER” Label, filed herewith as Plaint Document No.9, or any other label which is identical with and/or deceptively similar and/or a substantial reproduction of the plaintiffs' TOWER label filed as Plaint Document No.3 b) Permanent injunction restraining the defendants, their distribut- ors, stockiest, servants, agents, retailers, representatives or any other person claiming under/through them from in any manner manufac- turing, selling, offering for sale, stocking, advertising, exporting, im- porting either directly and/or indirectly any goods and in particular any food or allied products including Dhall varieties using the trade- mark “Eiffel TOWER” or the label filed as Plaint Document No.9, either per se or in combination wit.h any other mark either in English or any other language which is identical with or deceptively similar to the plaintiffs' trademark 'TOWER' or the TOWER Label filed as Plaint Document No.3 so as to pass off the defendants products as and for the products of the plaintiffs or in any other manner whatso-

ever connected with the plaintiffs;

c) The defendants be ordered to surrender to plaintiffs for destruc- tion all packed goods, labels, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark “Eiffel TOWER” or the offending label filed as Plaint Document No.9 either per se or in combination and/or any other mark either in English or any other language which is identical with or deceptively similar to the plaintiffs' mark 'TOWER' or label filed as Plaint Document No.3; d) A preliminary decree be passed in favour of the plaintiffs directing the defendants to render account of profits made by use of trademark “Eiffel TOWER” or mark/label “Eiffel TOWER” filed as plaint Docu- ment No.9, either per-se or in combination and/