C.S.(Comm.Div.) 172 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.01.2022

Coram:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

Civil Suit (Comm Div.) No.172 of 2021

1. Mr.A.D.Padmasingh Isaac

Proprietor,

Aachi Spices and Foods,

Old No.4, New No.181/1,

6^th Avenue, Thangam Colony,

Anna Nagar, Chennai-600 040.

2. M/s. Aachi Masala Foods (P) Ltd.,

No.1926, 34^th Street, I Block,

Ishwarya Colony, Anna Nagar West,

Chennai 600 040.

Represented by its Director

Mr.Ashwin Pandian

3. M/s.Heavenly Foods P Ltd.,

Plot No.1926, 34^th Street,

I Block, Ishwarya Colony,

Anna Nagar West,

Chenni – 600 040

Represented by its Director,

Mrs.Shiny Ashwin

.. Plaintiffs

/versus/

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C.S.(Comm.Div.) 172 of 2021

Aachi Chettinadu Hotel,

1/263, Mariamman Koil Street,

Mugalivakkam,

Chennai 600 125

..Defendant

Prayer: Civil Suit has been filed under 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 & 135 of the Trade Marks Act, 1999,

praying to pass a judgment and decree for:-

(a) granting a permanent injunction, restraining the

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 “AACHI CHETTINADU HOTEL” or any other similar trade

mark name or similar sounding expression in any media 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 1^st plaintiffs

trade mark/name AACHI/AACHI CHETINAD RESTAURANT/AACHI

KITCHEN and use the same in pouches, packets or use the mark

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C.S.(Comm.Div.) 172 of 2021

in invoices, letters heads and visiting cards or part of their

restaurant, hotel 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, 171571`8 & 2965624 or in any

manner infringing the 1^st plaintiffs registered trade marks

referred herein.

(b) granting a permanent injunction, restraining the

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,

website, Internet advertisements the mark/name

'AACHI

CHETTINADU HOTEL' 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 any manner deceptively

or phonetically confusingly similar to the plaintiffs trade

mark/name AACHI/AACHI CHETTINAD RESTAURANT/ AACHI

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C.S.(Comm.Div.) 172 of 2021

KITCHEN or in any other manner pass off their hotel, business or

goods as and for that of the plaintiffs.

(c) directing the defendant 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

'AACHI

CHETTINADU HOTEL' or other identical trade mark used in the

pouches and packets bearing the work AACHI/AACHI CHETTINAD

RESTAURANT /AACHI KITCHEN.

(d) directing the defendant to render an account of profits

made by them by the use of the impugned trademark 'AACHI

CHETTINADU HOTEL' 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.

(e) directing the defendant to pay to the plaintiffs the costs

to the suit, and

(f) pass such further or other order, as this Hon'ble Court

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