MAYA APPLIANCES (P) LTD. NEW NO.2(01D NO.8) BOAT CLUB 1ST AVENUE, CHENNAI Vs. UROOJ AHMED LORDS ENTERPRISES (INDIA) 1620

JUDGEMENT

(1.) This is an application seeking amendment of plaint. Applicant herein is the plaintiff in the main suit. Defendants 1 and 2 in the main suit are respondents 1 and 2 respectively in this application. The parties in this amendment application are referred to by their respective ranks in the main suit for the sake of convenience and clarity. In other words, the applicant in this application is referred to as plaintiff and respondents 1 and 2 in this application are referred to as defendants 1 and 2. Both the respondents in this application are collectively referred to as defendants. All for the sake of convenience and clarity.

(2.) Plaintiff is a Chennai based company engaged in the business of manufacturing, marketing and exporting household kitchen appliances, such as Mixer Griender, Wet Griender, Iron boxes, Electric Cookers, Microwave Ovens etc., Plaintiff claims that it has launched a new range of Mixer Grinder hearing a mark 'Preethi Blue Leaf' in the year 2005. This mark 'Preethi Blue Leaf' applied on the product Mixer Grinder is the subject matter of the suit. Therefore, the mark 'Preethi Blue Leaf' that is sought to be applied on the mixer grinder is referred to as 'said mark' for the sake of convenience. Plaintiff chooses to refer to the said mark as 'trade dress'. Therefore, the terms said 'mark' and 'trade dress' are used synonymously and alternatively in this order.

(3.) Plaintiff has applied for registration of trade mark with regard to the said mark.