IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2758 OF 2015 (ARISING OUT OF SLP (C) NO. 12671 OF 2014)

S. SYED MOHIDEEN .....APPELLANT(S)

VERSUS P. SULOCHANA BAI .....RESPONDENT(S)

O R D E R

A.K. SIKRI, J.

1) The respondent herein is a registered owner of trade mark 'Iruttukadai Halwa'. Though, this trade mark was got registered by the respondent/plaintiff sometime in the year 2007, as would be noted hereafter, according to the respondent/plaintiff the business of selling halwa in the aforesaid name was started by her father-in-law way back in the year 1900. When she found that appellant was also selling halwa under the trade name 'Iruttukadai Halwa', she filed suit for declaration, permanent injunction and other reliefs on the ground that the appellant had adopted deceptive similar trade mark to confuse the consumers.

Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2015.03.21

12:54:15 IST This suit was decreed by the trial court on 20.04.2011. Insofar as the Reason:

relief of rendition of accounts is concerned it was denied by the trial court. The appellant herein filed an appeal against the said decree before the High Court of Madras. The High