C.S.Nos.295 & 324 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :15.11.2019

Coram

The Honourable Mr.Justice N.SATHISH KUMAR

C.S.Nos.295 & 324 of 2019

and

A.Nos.7206, 7207, 7209 to 7216, 8128, 8250 to 8257 of 2019

and

O.A.Nos. 458 to 461 & 522 to 525 of 2019

Taiyo Feed Mill Private Limited,

No.17 A, South Mada Street,

Kolathur, Chennai,

Tamil Nadu 600 099,

Rep.by its Director

Mr.R.S.Prabakar

...Plaintiff in

both Suits

Versus

Pitchandi Arunachalam Konar,

Shop No.2271, Chawl No.118,

Group 7, Tagore Nagar,

Vikhroli (East),

Mumbai 400 083.

...Defendant

in both Suits

Prayer in C.S.No.295 of 2019 : This Civil Suit is filed under

Order IV Rule 1 of the Original Side Rules and Order VII, Rule 1

of the Code of Civil Procedure read with Sections 27, 134 & 135 of

the Trade marks Act, 1999, Sections 51, 54, 55 and 62 of the

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C.S.Nos.295 & 324 of 2019

Copy Right Act, 1957 & Proviso 1 to Section 7 of the Commercial

Courts, Commercial Division and Commercial Appellate Division

prayed

(a) a permanent injunction restraining the defendant,

themselves, their partners, successors-in-business,

servants, agents, distributors, dealers, stockists,

wholesalers, retailers, shop keepers, representatives,

assigns and all other persons claiming through them from

manufacturing, selling and distributing, advertising fish

food using the HANI trademark which is almost

identical/deceptively similar to the plaintiff's AINI

trademark AINI in any manner whatsover;

(b) a permanent injunction restraining the defendant,

themselves, their partners, successors-in-business,

servants, agents, distributors, dealers, stockists,

wholesalers, retailers, shop keepers, representatives,

assigns and all other persons claiming through them from

from manufacturing, selling and distributing, advertising

fish food using the HELLO PETS trademark whcih is almost

identical/deceptively similar to the plaintiff's TAIYO

trademark amounting to infringement of the plaintiff's

registered trademark TAIYO in any manner whatsoever;

(c) a permanent injunction restraining the defendant,

themselves, their partners, successors-in-business,

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C.S.Nos.295 & 324 of 2019

servants, agents, distributors, dealers, stockists,

wholesalers, retailers, shop keepers, representatives,

assigns and all other persons claiming through them from

in any manner making use of the HANI labels, or any other

artistic works which are deceptively similar to plaintiff’s

copyrighted artistic works in AINI label, and which would

amount to infringement of the plaintiff’s copyright in the

AINI labels and variations thereof or any in other manner

whatsoever;

(d) a permanent injunction restraining the defendant by

themselves, their directors, legal representatives,

successors in business, assigns, servants, agents,

transporters, distributors, printers, stockists, wholesalers,

dealers, retailers, advertisers or any one claiming through

or under them from committing acts of passing off and

enabling others to pass off by manufacturing, distributing,

marketing, selling, offering for sale, advertising or in any

other manner dealing in fish food or any other product

bearing the deceptively similar mark HANI or HELLO PETS

which is confusingly similar to plaintiff’s mark AINI and

TAIYO respectively, using any similar label, get –up, or

packaging, which in any manner whatsoever would be

considered to be similar to the plaintiff’s label, get up or

packaging;

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C.S.Nos.295 & 324 of 2019

(e) the defendant be ordered to pay to the plaintiff a sum of

Rs.10,00,000/- as damages for committing acts of

infringement of trademark and copyright, and for passing

off;

(f) the defendant be ordered to surrender to the plaintiff for

destruction a