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2023 Supreme(Online)(MAD) 1026

HIGH COURT OF MADRAS
KAS Zainulabdin & Company
M/S.KAS ZAINULABDIN AND CO. – Appellant
Versus
M/S.KAS BUKHARI AND COMPANY – Respondent


JUDGMENT

The suit has been filed for the alleged infringement of the registered trademark “CHAND” (label mark) and for passing off. The suit has also been filed for the alleged infringement of copyright and for other consequential reliefs.

2. The plaintiff is in the business of manufacturing and marketing textile goods under various trademarks. They claim that they were established in the year 1910 and ever since their establishment, they are carrying on the business in the same filed.

3. According to the plaintiff, they enjoy a huge reputation and goodwill in respect of the products manufactured by them under various trademarks. One such trademark is “CHAND”, which is the subject matter of the dispute in this suit. According to the plaintiff, the registered trademark “CHAND” has been designed artistically consisting of special features, which is unique. After coming to know that the defendant has blatantly copied the plaintiff's trademark “CHAND” and has also copied the artistic design of the plaintiff's label for the very same business, as that of the plaintiff, namely, for manufacturing of Lungis, the plaintiff has filed this suit seeking for the reliefs sought for in the plaint.

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