MADRAS HIGH COURT
N/A, N/A
Padmasingh Isaac A. D. Proprietor Aachi Spices and Foods Thangam Colony Anna Nagar Chennai and Another v. K. Lakshmanan Proprietor AVM Masala No.5 /43 Gandhiji Road Paramakudi Ramanathapuram
| Table of Content |
|---|
| 1. claims of trade mark infringement. (Para 1 , 2 , 3) |
| 2. criteria for assessing deceptive similarity. (Para 5 , 11 , 12 , 13) |
| 3. court's ruling and granted injunction. (Para 8 , 9 , 10 , 14 , 15 , 16) |
1. The present suit is filed seeking for the relief of permanent injunction restraining the defendant from using pouches which are deceptively similar in respect of chilly powder, sambar powder, rasam powder, chicken 65 / kabab fry mix powder, mutton masala, kulambu chilly powder, lemon rice powder, idli chilly powder cumin powder, fennel powder, coriander powder, egg curry masala, fish curry masala and pepper powder; for an order restraining the defendant, his servants agents distributors or anyone claiming through them from manufacturing selling advertising and offering for sale using the same or similar get up and colour scheme used by the defendant; a direction to the defendant to surrender the packing material cartons, advertisement materials and hoardings, letterheads, visiting cards, office stationery and all other materials containing / bearing the name AVM and packets in the colour scheme and get up; and for rendering of account of profits made by the defendant
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