S. SUDHAKAR Vs. PRIYA KRISHNAKUMAR PROPRIETOR

JUDGEMENT

(1.) This suit has been filed by the plaintiffs alleging infringement of the registered trade mark of the plaintiffs, passing off of goods and infringement of copyright in respect of the artistic work contained in the label and the plaintiffs have sought for various reliefs against the defendants.

(2.) The plaintiff is engaged in the business of marketing food and allied products such as dhalls, atta, rava, maida, spices etc and various types of rice, sugar and masala powders under the Trade Mark "udhaiyam"/ . It is stated that the plaintiff has been continuously using this mark from the year 1940 onwards. The plaintiff applied for and obtained registration of the trademark udhaiyam in the year 1993 in respect of goods contained in class 30. The plaintiffs' trade mark along with the device of sunrays is portrayed as

(3.) The Plaintiff has obtained registration certificates for products falling under class 16, 30 and 31.