SIMPSON & CO. Vs. RHYTHM AGRAWAL

JUDGEMENT

(1.) A.No.3185 of 2021 is the defendant's application to return the plaint in C.S.No.162 of 2019 to Hon'ble High Court of Allahabad, within whose territorial jurisdiction both the plaintiff and the defendant are carrying on business, besides the alleged cause of action viz infringement of trademark and passing off had arisen.

(2.) The subject plaint presented before the Registry of the Original side of Madras High Court on 26/02/2019,disclosing the plaintiff registered office at Chennai and the defendant's place of business at Agra, U.P. The suit was admitted on the next day assigning Civil Suit (Commercial) No.162 of 2019.

(3.) The plaint averments in short is that, M/s.Addisons Paints and Chemicals Limited, which was incorporated in the year 1948 for manufacturing a range of special paints and chemical products, on merger, vide order dtd. 20/1/2002 passed by BIFR became a fully owned subsidiary of M/s.Simpson and Company, having its registered office at Anna Salai, Chennai (plaintiff). During the course of the trade, the mark "Addisons' is honestly adopted and used by the plaintiff without any interruption. Registration obtained for the mark "Addisons' under various classes including class 2 with respect to paints, lacquers, primers, varnish etc. The said registration is valid and in force till date. While so, around May 2018, the plaintiff came to know that the defendant - Shri.Rhythm Agarwal, is carrying on trade in the name "Raddison Paints' at Agra in the State of Uttar Pradesh by adopting a deceptively similar mark with respect to an identical class of goods, viz., paints.