MOHAMED ABOOBACKER CHANK Vs. V.SARASWATHI

JUDGEMENT

(1.) O.A. No. 404 of 2012: This application under Order XIV Rule 8 of O.S. Rules r/w Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, has been filed for grant of interim injunction, restraining the respondent/defendant herself, her servants or agents or any one claiming through her from in any manner infringing the applicant's/plaintiff's registered trademarks as shown in the schedule to the plaint and the trademark label shown in Annexure "A" to the plaint by using the offending trademark label shown in Annexure "B" to the plaint or any other mark or marks which are in any way identical or colourable imitation of the plaintiff's registered trademark labels pending disposal of the suit.

(2.) That the plaintiff and predecessors have artistically created the Trademark label with Square Red Background on which artistic picture of CONCH is depicted with further frame like bordering over the square label. The square background and pictorial device of the CONCH forms essential features of the Trademark label of the plaintiff. Apart from this device of CONCH, it is known in Tamil as SANGU the plaintiff has always used "CHANK" as the Trademark in all its goods. The word mark "CHANK" is a kind of pronouncing SANGU which in Tamil means CONCH. The plaintiff also devised a composite trademark CHANK ECONOMY and SANGU ECONOMY and is using in respect of other merchandise economical to the general public, which has become extremely popular with the general public and trade.

(3.) It is submitted by the applicant/plaintiff, that it also applied for registration of the trademark ECONOMY DELUXE and ECONOMY SUPERFINE WORD per se which is pending registration in the trademark registry, Chennai. The applicant/plaintiff has obtained series of registration with regard to the trademarks SANGU, CHANK and the device of "CONCH" and the label used under the Trade Marks Act, 1999 in Class 24 and 25.