TTK PRESTIGE LTD. Vs. AYYAVU

JUDGEMENT

(1.) This is a suit filed for infringement of trademark and passing off alleged to have been committed by the defendant herein.

(2.) The case of the plaintiff is that, the defendant herein with modification to the plaintiff's product (Prestige Pressure Cooker) is selling it under the trade name "STRAINO"?. The package though indicates the content (cooker) is manufactured by the defendant under the name "STRAINO"?, the content (cooker) inside the package has the plaintiff trade mark "PRESTIGE"? and its logo embossed over different part of the http://www.judis.nic.in C.S.No.709 of 2019 and O,A.Nos.1111 and 1112 of 2019 cooker. Thus, by making modification in the plaintiff's product, the defendant is marketing the product under different name "STRAINO"?.

(3.) Private notice was ordered to be served on the defendant. On receipt of the notice, the defendant appeared and submitted himself to decree, with an undertaking that, he will not use the pressure cookers manufactured by the plaintiff and affixed his tradename on the plaintiff's product and cause infringement of trademarks or passing off.