V.V.V.Anandham And Sons v. Sri Kanyaka Parameshwari Oil Mills,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 11TH DAY OF AUGUST 2021 THE HON'BLE DR. JUSTICE G.JAYACHANDRAN O.A. Nos.138 and 139 of 2021 in C.S.(Comm.Div.) No.85 of 2021 V.V.V.Anandham & Sons Registered Partnership firm Rep.by V.V.V.Kumaran Mahendran, No.1, Hyderi Garden 3rd Street Perambur, Chennai 600012 Tamil Nadu, India.
... Applicant/Plaintiff (in both original applications) -VersusSri Kanyaka Parameshwari Oil Mills No.14, 12th Cross Vinayaka Road, Bendre Nagar, Bangalore 560 070.
... Respondent/Defendant (in both original applications) O.A.No.138 of 2021:
Original Application praying that this Hon'ble Court be pleased to grant an ad-interim injunction restraining the respondent/defendant by themselves, their servants, licensees, agents and distributors or any one claiming through them in any manner from committing passing off applicants goods and services under their deceptive trade name ANANDAM in respect of goods and services in Edible and Gingelly Oil as and for being connected with the business of the applicants trade name
ANANDHAM or with any other name or prefix or suffix pending disposal of the suit.
O.A.No.139 of 2021:
Original Application praying that this Hon'ble Court be pleased to grant an ad interim injunction restraining the respondent/defendant by themselves, their servants, licensees, agents and distributors or any one claiming through them in any manner from committing infringement of applicants registered trademark/trade name "ANANDHAM" in respect of goods and services in "Edible and Gingelly Oils" by using identical and deceptively similar mark "ANANDAM" or with any other name or prefix or suffix pending disposal of the suit.
These original applications coming on this day before this court for hearing in the presence of Mr.P.C.Srinath, Advocate for the applicant in both the applications, and Mr.R.Sathish Kumar, Advocate for the respondent in both the applications, and upon reading the order herein dated 23.07.2021, it is ordered as follows:- That the order of interim injunction granted in pursuance of the order dated 15.03.2021 made in OA.Nos. 138 and 139 of 2021, restraining the respondent in O.A. Nos.138 and 139 of 2021, bythemselves, their servants, licensees, agents and distributors or any one claiming through them in any manner from a) committing passing off applicants goods and services under
their deceptive trade name ANANDAM in respect of goods and services in Edible and Gingelly Oil as and for being connected with the business of the applicants trade name ANANDHAM or with any other name or prefix or suffix and b) committing infringement of applicants registered trademark/trade name "ANANDHAM" in respect of goods and services in "Edible and Gingelly Oils" by using identical and deceptively similar mark "ANANDAM" or with any other name or prefix or suffix be and are hereby made absolute.
2. That the O.A.Nos.138 and 139 of 2021 in C.S.No.85 of 2021 be posted on 13.09.2021.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 11th DAY OF AUGUST 2021.
sd./- ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
KY 16.08.2021 O.A. Nos.138 and 139 of 2021 in C.S. (Comm.Div.) No.85 of 2021 ORDER :- DATED : 11.08.2021 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN FOR APPROVAL: 16.08.2021 APPROVED ON: 17.08.2021