A. D. PADMASINGH ISAAC Vs. SUDALI AACHI PROVISIONS

JUDGEMENT

(1.) The case has been heard through Video Conferencing The suit for permanent injunction restraining the defendant, men, and agents from using the same or similar or identical trade mark "Sudali Aachi Provision/sudaliaachi.com" or any other trademark, which is similar in any way visually or phonetically similar to the 1 st plaintiff's trademark "AACHI/AACHI SUPER STORE" and for other consequential incidental reliefs.

(2.) The plaintiffs are the leading manufacturers and marketers of spices in India. Presently, they are dealing in over 400 different products with the trademark 'AACHI'. The said trademark 'AACHI' was first conceived and adopted by the 1 st plaintiff and was trading through his proprietary concern, Abhishek Enterprises from the year 1995. The trade mark 'AACHI' was first applied for and registered in the name of the first plaintiff in the year 1999. Since then 202 applications have been filed for the trademark 'AACHI' in respect of various goods and services that have been manufactured, marketed and catered by the 'AACHI' group of companies. At present, there are 128 Indian registrations of the trademark 'AACHI' in various word, label and stylized marks.

(3.) The first plaintiff in the year 2002 entered into a partnership with Mrs.Rani Panidan and set up a partnership firm under the name Naveen Products. Later, Aachi Masala Foods Private Limited was incorporated on 13.06.2006 and thereafter, the assets and liabilities of Abhishek Enterprises and Naveen Products were transferred to Aachi Masala Foods Private Limited with effect from 30.11.2006. The Trade Mark was assigned by Abhishek Enterprises and Naveen Products in favour of the first plaintiff on 30.03.2007. Thereafter, the partnership firm Naveen Products was dissolved. On 01.04.2007, the first plaintiff executed a License User Agreement in favour of 2nd plaintiff - Aachi Masala Foods Private Limited.