A. D. PADMASINGH ISAAC Vs. SAMY TRADERS

JUDGEMENT

(1.) The suit is one for infringement of a trademark of the plaintiffs. The plaintiffs claim to be a manufacturer of various food products. One such product is the Kulambu Chilly Masala marketed by the plaintiffs with a Trademark AACHI and packed in sachets having a particular representation of the product. The plaintiffs claim to be in the trade from the year 1999 and this particular product has been registered on 01.11.2004 under Class 30 with Registration No.1318495. It is also the further claim of the plaintiffs that the products of the plaintiffs are well known and the plaintiffs have established a reputation for such Masala products. Contending that the defendant is selling a similar product named Kulambu Chilly Power with a trademark ASS products, packed in a sachet which is almost identical to the sachet of the plaintiffs.

(2.) The plaintiffs would point out that the defendant has used the same colour scheme, get up and the ingredients in its sachet which undoubtedly makes the sachet of the defendant identical to that of the plaintiffs. The plaintiffs seek a decree for permanent injunction restraining the defendant from infringing its trademark 'Aachi Masala Kulambu Chilly Powder packed with a specific colour scheme containing predominantly green, yellow and red colours and also restraining the defendant from using any trade literature or trademark which is visually or phonetically similar to the plaintiffs registered trademark. A prayer for surrender of the packing materials, cartons, advertisement materials etc. has also been made apart from a prayer for accounting.

(3.) Despite service, the defendant did not choose to appear, the defendant was set ex-parte. The plaintiffs have let in evidence before the learned Master and also produced the documents.