The suit is for permanent injunction restraining the defendant from in any manner infringing the plaintiff's well established and registered trade mark "ANNAI" and from passing of its products bearing the offending trade mark "ANNAI" and for a direction to the defendant to surrender the entire stock of unused offending trade mark wrappers, container bill books etc., bearing the offending trade mark "ANNAI" together with blocks and dyes for destruction and to render a true and faithful accounts of the profits earned by the defendants through the sale of its products sold under the offending trade mark "ANNAI" and directing payment of such profits.
2. The facts of the case are as follows:-
The plaintiff is the leading manufacturers of Maida, Rava, Atta, Dhall, Rice and flour preparations. In the course of the said business, they had honestly conceived and adopted the trademark "Annai" and applied for registration of the said trademark on 05.03.1997 and got registered in the plaintiff's name. The defendant started manufacturing "Rava" and other products and selling the same bearing the identical trademark of "ANNAI" and the same came to be known by the plaintiff in the year 2011. The defendant has no right whatsoever to adopt the identical trademark of "ANNAI" and the adoption of the offending trade mark would confuse the general public and they are misled. Hence the suit for the above reliefs.
3. The defendant remained ex-parte.
4. Heard the learned counsel for the plaintiff.
5. The plaintiff was examined as PW1. PW1 has spoken about manufacturing of Maida, Rava, Atta, Dhall and other flour preparations since 1998 and the said trade mark "ANNAI" is in respect of the above products and by virtue of the same the said trade mark had attained good reputation.
6. Ex.P1 is the certificate of incorporation of the year 1996. Ex.P.2 is the plaintiff's trademark published in the register in the year 2012.
N.Sathish Kumar, J., dpq Ex.P.3 is the trademark registration certificate issued in the name of the plaintiff. Ex.P.4 is the copy of trademark renewal certificate issued on 12.03.2004. Ex.P.5 are the copies of invoices from 1998 to 2011 showing the plaintiff's products sold in the name of ANNAI. Ex.P.6 is showing the turnover of their products. Ex.P.7 is the specimen of the plaintiff's trademark. Ex.P.8 is the specimen of the defendant's trade mark ANNAI filed by the plaintiff.
7. From the above documents, it is seen that the plaintiff is a registered owner of the trademark "ANNAI" and the defendant having the identical trademark cannot interfere and infringe the plaintiff's trademark. If the defendant is not injuncted and allowed to continue its business in selling the products, the same will lead to confusion in the mind of the public. Therefore, this Court is of the view that from the documents filed by PW1, the plaintiff is entitled to permanent injunction as prayed for. As far as other prayers sought against the defendant are concerned, there is no evidence. Hence the suit is decreed for the relief of permanent injunction alone. So far as other reliefs are concerned the suit stands dismissed.
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