Madras High CourtOA/692/2020interim direction made absolute

Mr.A.D.Padmasingh Issac And Another v. K.Lakshmanan

2021-07-15Honourable Dr Justice G. Jayachandran1 pages

O.A.Nos.692 & 693 of 2020 in C.S.(Comm.Divn.) No.373 of 2020 DR.G.JAYACHANDRAN, J.

No representation for the respondent. From the counter filed by the respondent, the respondent has listed the difference between the applicant's label and the respondent's label so as to impress upon the Court that there is no intention and they have not infringed the colour scheme and get up of the trademark of the applicant either intentionally or unintentionally.

2. However, on comparing the applicant's label and the respondent's label the pictorial similarity and colour get up and lay out are undoubtedly found to be deceptively similar.

Therefore, the interim order passed by this Court on 16.12.2020 is made absolute.

3. The Registry is directed to verify whether the defendant is filed written statement, if so, list the matter along with written statement on 09.08.2021.

15.07.2021 rpl https://www.mhc.tn.gov.in/judis/