LAWS(MAD)-2013-3-275

ISSAC ISAAC MATHAI Vs. SOWKHYA WAY2HEALTH P. LTD.

Decided On March 01, 2013
ISSAC ISAAC Mathai (Dr.) Appellant
V/S
Sowkhya Way2health P. Ltd. Respondents

JUDGEMENT

(1.) THE prayer made in each of the applications reads as under:

(2.) THE plaintiffs/applicants have filed a suit for declaration that the defendant or any person drawing title through them are not entitled to infringe or attempt to infringe and pass off their services and business of the respondent/defendant by the use in connection therewith the trademark/trade name/domain name 'SOWKHYA' or any manner whatsoever, in respect of services i.e. medicinal and beauty treatments similar to "SOUKYA".

(3.) PERMANENT injunction is also sought for restraining the defendant from passing of their services as that of the applicants/plaintiffs by using the mark "SOWKHYA" or the applicants/plaintiffs mark "SOUKYA" or any other similar trademark, and also prayed for rendition of accounts of profit made by the defendant by using mark "SOWKHYA" towards damages.