A.N. ANNADURAI Vs. M/S. MANGAI AGENCIES

JUDGEMENT

(1.) The defendants who have suffered a decree for declaration that the plaintiff is the owner of the Trade Mark "Mangai Agencies" and for a consequential injunction restraining the defendants from using the trade name "Mangaiyar Choice" which is deceptively similar to the trade name of the plaintiff, are the appellants.

(2.) The plaintiff has been doing business in retail sales of house hold articles like Gas Stove, Mixer Grinders, Cookers etc. Apart from selling the house hold articles, they are also doing service of all type of LPG gas stoves, Mixer Grinders, Cookers etc. for the past 17 years. The plaintiff claims to be carrying on business in the name of "Mangai Agencies" and an application has been made for registration of the Trade Mark namely, Mangai Agencies on 21.11.2006 under Sec. 42 of the Trade Marks Act and the same is awaiting registration. According to the plaintiff, the defendants who were doing business in the trade name 'Saravana Stores' earlier, during Dec. 2006, adopted the name and style of " Erode No.1.Mangaiyar Choice".

(3.) The defendants had depicted their trade name in the name board in such a manner as that of the plaintiff. It is also similar to the plaintiff's name board "Mangai Agencies". Since the said depiction of the trade name " Erode No.1. Mangaiyar Choice" by the defendants is similar and almost identical to that of the plaintiff's trade name and the business of both the parties being almost same, the user of the name "Erode No.1. Mangaiyar Choice" by the defendants would definitely create confusion in the minds of the people, particularly, the women from rural areas, who are not very well educated. The plaintiff would further contend that the defendants action would definitely create confusion in the minds of the people particularly women from rural areas.