A.D.PADMASINGH ISAAC Vs. SUDALI AACHI PROVISIONS

JUDGEMENT

(1.) This inter-court appeal under Clause 15 of the Letters Patent, 1865, read with Sec. 13 of the Commercial Courts Act, 2015, arises out of the judgment and decree dtd. 3/8/2021 passed in C.S. (Comm. Div.) No.558 of 2018 on the file of the Original Side of this Court.

(2.) The trademark 'Aachi ' is said to have been conceived and adopted by the First Appellant, as a proprietary concern Abhishek Enterprises' which commenced in the year 1995 for manufacturing and marketing a variety of spices, and the First Appellant applied and registered that trademark in the year 1999. Later, in the year 2002, the First Appellant entered into a partnership along with one Rani Pandian under the name and style of 'Naveen Products' for the same business. After incorporation of the Second Appellant viz., Aachi Masala Food Private Limited on 13/6/2006, the assets and liabilities of the said Naveen Products have been transferred to the Second Appellant with effect from 30/11/2006 and the said company has been carrying on business as manufacturers, traders, wholesalers, retailers, producers, inventors, importers, exporters, agents, distributors, consignors or otherwise dealing in masala and food products under the trademark Aachi'. Thereafter, on 31/3/2007, the said partnership firm Naveen Products was dissolved. The First Appellant on 1/4/2007 and 21/4/2010 executed License User Agreements in favour of the Second Appellant. Another company viz., Aachi Spices and Foods Private Limited had been incorporated on 17/3/2010 and another license user agreement was entered by the First Appellant with that company on 21/4/2010. The First Appellant as the proprietor of the trademark Aachi1 continues to use it through its licencees, viz., the Second Respondent and the said Aachi Spices and Foods Private Limited. The First Appellant has also obtained registration of the trademark 'Aachi Super Stores' in A.No. 1690157 in Class 42 with respect to wholesale and retail stores for food products since 22/5/2008, which is valid and subsisting.

(3.) The Respondent viz., 'Sudali Aachi Provision', is a partnership firm registered under the Indian Partnership Act, 1932, in which Mrs. Muthu Mari Animal and Mr. G.Iyappan are partners, carrying on business of provision store at No.28, first Floor, Velachery, Bazzar Road, Balayagarden, Chennai - 600091. The Appellants object to the Respondent using the word Aachi' in their trade name viz., 'Sudali Aachi Provision' and have filed the suit in C.S. (Comm. Div.) No.558 of 2018 claiming the following reliefs:-