M/S.Veppolodai Chemicals v. Ds Spiceco Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2016

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN O.S.A.Nos.158 & 159 of 2016 and C.M.P.Nos.11163 & 11164 of 2016 M/s.Veppolodai Chemicals, No.13-A/1 Pillayar Koil Street, Meenakshipuram West, Tuticorin 628 002, Tamil Nadu rep. by its Partner Michael Motha, residing at Flat No.17, 3rd Floor, R.M.Towers, No.107, 108, Chamiers Road, Nandanam, Chennai-600 018.

.. Appellant in both appeals.

vs 1.DS Spiceco Pvt. Ltd., Registered Office at 4828/24, Prahlad Lane, Ansari Road, Daryaganj, New Delhi-110 002 and also at B-6, 17, 18, 19, Sector - 3, Noida - 201 301, Uttar Pradesh.

2.Dharampal Satyapal Sons Pvt. Ltd., C7-10, Dharampal Satyapal (DS) Road, Sector - 67, Noida - 201 301, Uttar Pradesh .. Respondents in both appeals.

Appeals filed under Order XXXVI, Rule 9 of Original Side Rules read with Clause 15 of Letters Patent against the order made in O.A.Nos.942 & 943 of 2015 in C.S.No.713 of 2015, dated 21.4.2016.

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For Appellant .. Ms.Gladys Daniel for M/s.C.Daniel & Gladys Daniel For Respondents .. Mr.Edward James for M/s. Cyril Amarchand COMMON JUDGMENT (Judgment of the Court was delivered by The Hon'ble Chief Justice) We have heard the learned counsel for parties, it is agreed that without prejudice to the rights and contentions of the parties, in the suit, the conclusion in the impugned order is liable to be sustained on account of the fact that the respondents are selling salt and spices under their trade mark "CATCH" and the expression "SPRINKLERS" is used as an adjective for the act of sprinkling. There is, thus, no infringement of the registered trade mark of the appellant "SPRINKLE". We are not inclined to agree with the remaining reasoning of the learned Single Judge at the interlocutory stage affecting the rights of the appellant as a registered mark holder of "SPRINKLE".

2. The appeals, thus, stand disposed of accordingly. No costs. Consequently, C.M.P.Nos.11163 & 11164 of 2016 are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar bbr To The Sub Assistant Registrar, Original Side, High Court, Madras.

+2ccs to M/s. Gladys Daniel, Advocate, S.R.No.39370 +1cc to M/s. Cyril Amarchand, Advocate, S.R.No. MP(CO) EU(26/07/2016) O.S.A.Nos.158 & 159 of 2016 https://hcservices.ecourts.gov.in/hcservices/