NARASUS DAIRY Vs. NARASUS COFFEE COMPANY PVT. LTD

JUDGEMENT

(1.) C.S.(Comm. Div) No.158 of 2020, has been filed by a registered Partnership Firm Narasus Dairy, represented by its Partner-K.R. Ramanujam, having its office at Salem, against Sri Narasus Coffee Company Private Limited, a Company incorporated under the Companies Act, 1956, and represented by its Managing Director, P. Sivanantham, having its principal place of business at Salem, and also functioning at Chennai, under Ss. 27, 28, 29, 134 and 135 of the Trade Marks Act, 1999, read with Ss. 51, 55 and 62 of Copyright Act, 1957 read with the relevant Rules of the Commercial Courts Act, 2015, as amended and under the relevant provisions of the Original Side Rules of High Court, Madras, and the Code of Civil Procedure, 1908, seeking a Judgment and Decree of Perpetual Injunction restraining the Defendant from infringing the Plaintiff s registered Trade Mark "Narasu s" by use of the Trade Mark "Narasu s" and/or "Narasu s Diary" or any other identical or similar Trade Mark and also for perpetual injunction restraining the Defendant from infringing the Copyright of the Plaintiff over the artistic work, colour scheme and trade dress in the Trade Mark label in the "Narasu s" and/or "Narasu s Diary" and for a Perpetual Injunction restraining the Defendant from passing off their products as if they are the products of the Plaintiff and for also a direction to the Defendant to surrender for destruction all materials bearing the impugned Mark "Narasu s" and for a direction to submit the accounts of profit made by the Defendant by the use of the Trade Mark Label of the Plaintiff and for Costs of the Suit.

(2.) Along with the Suit, the Plaintiff had filed the above Original Applications seeking Interim Injunction from infringement of Trade Mark, infringement of Copyright and from passing off. Since the Defendant had entered Caveat, Notice had been directed to the Caveator. On appearance, the Defendant filed A. No.1508 of 2020, under Order 7, Rule 10 of Code of Civil Procedure, 1908, read with the relevant provision of the Original Side Rules of High Court Madras, seeking a direction to return the Plaint filed in C.S.(Comm. Div.) No.158 of 2020, since it is stated that this Court has no Territorial jurisdiction to examine the issues raised.

(3.) The Plaintiff, Narasus Dairy, is a registered Partnership Firm having its business at place of Salem and primarily engaged in purchase, process, manufacture, production, sale and trading of milk and milk products. They have been using the Trade Mark "Narasu s Dairy" and its variant marks for their variety of milk and Milk Products. In the Plaint, it has been claimed that they have acquired distinctiveness, recognition and standing in the market and also goodwill and reputation. It is stated that the Trade Mark "Narasu s Dairy" has been recognized as having a direct nexus with the Plaintiff by the general public.