IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.09.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

C.S.No. 298 of 2020

Dhanavilas Madras Snuff Company

A Partnership Firm

No.18, IV Street,

Shastri Nagar, (Now Karunanidhi Nagar),

Tondiarpet,

Chennai – 600 081

Represented by its Partner

K.Poongodi

... Plaintiff

Vs.

1.S.Kumaradhas Snuff Company

D.No.7/136, Old No.7/55 F,

Andivillai,

Thamarai Kulam P.O,

Kanyakumari – 629 708.

2.Gladis Kumaradhas

3.Steffi Sweety

4.Arun Swiss

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5.Akash (Minor)

... Defendants

(Defendants 2 to 5 brought on record as legal heirs of Deceased sole

defendant as per order dated 30.11.2021 in A.No.3950 of 2021).

Prayer: Plaint filed under Order IV Rule 1 of O.S.Rules and Order

VII, Rule 1 of the C.P.C and under sections 27, 134 and 135 of the

Trade Marks Act, 1999 and under Sections 55 and 62 of the

Copyright Act, 1957,

(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 using the Trademark K.D.S/D.S/word/device 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 Plaintiff's trademark/name

D.S/word/device and use the same in pouches, packets or use the

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

or other trade literature or using any other trade mark which is in any

way visually, or phonetically similar to the Plaintiffs registered Trade

Mark Nos. 157995, 1579958 & 1579959 in Class 34 or in any manner

infringing the Plaintiff's registered Trade Marks referred herein.

(b) granting a permanent injunction restraining the Defendant

by himself, his servants, agents or anyone claiming through him his

printers and his distributors from committing infringement of the

Copyright which the Plaintiff has in their artistic work contained in

the pouches/sachets filed in Document No.1 by distributing, printing

or causing to be printed the work as shown in Document No. 2 filed

along with the plaint or in any other manner infringe the Plaintiffs

Copyright in the artistic work contained in Document No. 1.

(c) granting a permanent injunction restraining the Defendant

by its servants or agents or anyone claiming through him from

manufacturing selling or offering & advertising for sale the snuff in

pouches as shown in document No.2 or using the Trade Mark

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D.S./K.D.S any other pouch carton or label or sachet which is in any

way similar in get up, colour scheme of the Plaintiff pouch as shown

in documents No.1, and pass off the goods as the goods of the

Plaintiff or enable others to pass off.

(d) Directing the Defendant to surrender to the Plaintiff all the

cartons, sachets/pouches labels, packets and any other printed matters

containing or consisting of the offending Trade Marks and Copyright

together with blocks used for the purpose of printing the same for

destruction.

(e) Directing the Defendant to render a true and faithful account

of the profits earned by them through the manufacture and sale by the

use of the offending mark/work as shown in Document No. 2, and

directing such profits to be paid to the Plaintiff for the infringement of

the trademark D.S.Copyright and passing off committed by the

defendant for rendition of accounts.

(f)directing the defendant to pay to the plaintiff the costs of suit

and

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(g)and pass such further or other orders as this Hon'ble Court

may deem fit and proper in the circumstances of the case and thus

rend