1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

FRIDAY, THE 4TH DAY OF MARCH 2022

THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

O.A.Nos. 957 to 959 of 2008

in

C.S. No.830 of 2008

1. Mr.A.D.Padmasingh Isaac,

Trading as Aachi Spices and Foods,

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

6th Avenue, Thangam Colony,

Anna Nagar, Chennai-600 040.

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

No.6, Ground Floor, 15th Street,

Anna Nagar, 'G' Block,

Chennai-600 040

rep. by its Director,

Mr.Ashwin Pandian

... Plaintiffs / Applicants in all

the Applications

-Versus-

Arasan Food Products,

Kannapa Nagar,

Coimbatore-641 027.

... Defendant / Respondent in all

the Applications

O.A.No. 957 of 2008:-

Original Application praying that this Hon'ble Court be pleased to

grant an interim injuntion, restraining the Respondent, by itself, its servants,

agents, distributors or anyone claming through him from manufacturing,

https://hcservices.ecourts.gov.in/hcservices/

2

selling, advertising and offering for sale spices & masalas using same or

similar get up and colour scheme used by the Respondents shown in

Document Nos.4 to 7 or any other vsually mark or in any media and use the

same in invoices, letter heads and visiting cards or by using any other trade

mark which is in any way visually or deceptively or phonetically similar to

the Applicant's registered trade mark AACHI MASALA SAMBAR

POWDER as shown in Document Nos. 1 to 3 or in relation to any masalas

& spices and use the same pouches, packets or use the mark in invoices,

letters heads and visiting cards or anyother trade literature or by using any

other trade mark which is in any way visually, or phonetically similar to the

Applicant's registered Trade Mark Nos. 922594, 922595, 1374937,

1340324, 1340325, 1367430, 1372439, 1372440, 1375754, 838786,

976559, 1025305, 1318493, 1318494, 1318495, 1375755, 1375756,

1380625, 1357284 or in any manner infringe the Applicant's registered

Trade Marks pending disposal of the above suit.

O.A.No. 958 of 2008:-

Original Application praying that this Hon'ble Court be pleased to

grant an interim injuntion restraining the Respondents by themselves their

servants or anyone claiming through or under them in the course of

manufacturing and marketing, selling and advertising from using the

trademarks as shown in the labels/pouches in its colour scheme and get up

https://hcservices.ecourts.gov.in/hcservices/

3

ín respect of SAMBAR MASALA, RASAM MASALA, CHICKEN

MASALA shown in the Document Nos. 4 to 7 and in the other trade

literature in relation to the sale of masalas or any other trademark in the said

color scheme get up which is in any manner deceptively or confusingly

similar to the color scheme and get up of the Appliant's labels as shown in

the Document Nos. 1 to 3 and pass off the Respondent's masalas as and for

the masalas of the Applicants, pending disposal of the above suit.

O.A.No. 959 of 2008:-

Original Application praying that this Hon'ble Court be pleased to

grant an interim restraining the Respondent, by themselves, their servants,

agents distributors or anyone claiming through them from reproducing by

selling, advertising and or offering for sale by using the impugned copyright

of the Applicants as shown in the Document Nos. 4 to 7 upon the goods or

in any media and use the same in invoices, letter heads, visiting cards,

masala pouches, or by using any other opyright which is in any way

visually, deceptively similar to the Applicants copy right as shown in the

Document Nos. 1 to 3 or in any other manner infringing the Applicants

copyright as shown in Document Nos. 1 to 3 pending disposal of the above

suit.

These Original Applications coming on this day before this court

for hearing, the court made the following order:-

https://hcservices.ecourts.gov.in/hcservices/

4

The matter has been listed bef