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2015 Supreme(SC) 586

H. L. DATTU, A. K. SIKRI
S. Syed Mohideen – Appellant
Versus
P. Sulochana Bai – Respondent


Advocates:
Advocate Appeared:
For Appellant : K.K. Mani and T. Archana, Advs.
For Respondents: Rohini Musa, Adv.

ORDER

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. This suit was decreed by the trial court on 20.04.2011. Insofar as the 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 Court has dismissed the appeal, thereby affirming the decree of the trial court, vide judgment dated 07.06.2013. It is this judgment which is challenged by the Appellant/defendant in the present proceedings. The case set up by the Respondent/plaintiff in her suit was that her father-in-law, Mr. R. Kris














































































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