A.D.PADMASINGH ISAAC Vs. K.SATHEESH KUMAR

JUDGEMENT

(1.) The suit is filed by the plaintiffs against the defendant for the following reliefs:

(2.) The first plaintiff is a Proprietary concern manufacturing and marketing various kinds of masalas and spices. The first plaintiff had applied for the registration of trade mark "AACHI" under Application No.922594 on 04.05.2000 in Clause 29 and Application No.1318495 in Clause 30 and the registration was duly granted. It is also stated that the plaintiffs had applied for registration in various Clauses. According to the plaintiffs, their trade mark "AACHI" has become common household name, as they have now become one of the leading manufacturers of packaged masala powders. Therefore, only the plaintiffs are the exclusive owners of the trade mark "AACHI" and any unauthorised use of the same mark or similar trade mark would amount to passing off an infringement.

(3.) In February 2005, the plaintiffs' came across the defendant's Mineral Water bearing the mark AACHI. On 03.02.2005, the plaintiffs' sent a cease and desist notice, calling upon the defendant to cease and desist from using the deceptively similar trade mark AACHI. Unfortunately, the plaintiffs' trade mark agent had erroneously issued the notice on behalf of Ashwin Enterprises instead of Naveen Products. After the notice the defendant's goods were not available in the market. However, the plaintiffs' apprehend that the product viz., mineral water of the defendant is likely to be available in all places, wherever the plaintiffs' mineral water is also marketed. As the trade mark of the defendant is phonetically similar to the plaintiffs' trade mark, the defendant has with a malafide intention of taking undue advantage of the same, has adopted the same trade mark. The trade marks of both the plaintiffs' and the defendant are phonetically similar and is likely to create confusion in the mind of a common man.