A.D. PADMASINGH ISAAC Vs. AACHI AAPPAKADAI CHETTINAD

JUDGEMENT

(1.) Original Application No.154 of 2013 has been filed seeking for grant of interim injunction restraining the respondent, by themselves, their servants, agents, distributors or any one claiming through them from manufacturing, selling, from advertising and offering for sale using the same name AACHI used by the applicants and the trade mark/name AACHI AAPAKADAI CHETTINADU A/c Restaurant or any other similar Trade Mark name or similar sounding expression in any media and using the same in name board, invoices, letter heads and visiting cards or by using any other trade mark/name which is in any way visually or deceptively or phonetically similar to the Applicant's trade mark/name AACHI/AACHI CHETTINADU RESTAURANT and using the same in pouches, packets or using the mark in invoices, letters heads and visiting cards or part of their Hotel/Restaurant name any other trade literature or Menu Card by using any other trade mark, which is in any way visually or phonetically similar to the applicant's registered Trade Mark No.1116254 or in any manner infringing the applicant's registered Trade Marks, pending disposal of the suit.

(2.) ORIGINAL Application No.155 of 2013 has been filed seeking for grant of interim injunction restraining the respondents by themselves, their agents or servants or any one claiming through or under them from marketing, selling advertising using in trade literature, menu cards, invoices, name boards, website, internet advertisements the mark/name Aachi Appakadai Chettinad A/c Restaurant in relation to the Restaurant or with respect to or any other food preparation or on any other business the impugned trademark/name which is in any manner deceptively or phonetically confusingly similar to the Applicant's Trade Mark/name AACHI/AACHI CHETTINADU RESTAURANT or in any other manner pass off their business or goods as and for that of the applicants, pending disposal of the suit.

(3.) THE case of the applicants/plaintiffs in brief is as follows: -