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01.08.2022
Civil Suit No. 34 of 2015
Hon'ble High Court of Judicature at Madras
Senthil Kumar Ramamoorthy H J
Hatsun Agro Products Ltd. Vs Arokiya Foods
The subject matter suit for infringement and Passing off was filed by the Plaintiff against the Defendant from using the offending trademark 'AROKYA' written in Tamil or any other trademark or marks which are in any way identical or deceptively similar or colourable imitation of the plaintiff's trademark.
The Plaintiff claimed to have been using the Trademark AROKYA in relation to Dairy product since the year 1995. Para 2
The Plaintiff was also having Trademark registration for the Trademark AROKYA in class 29 and 32.
The Defendant was using the Trademark AROKYA in relation to Idly and Dosa since the year 2001. Para 3
Defendant also claimed to be registered proprietor of Trademark AROKYA.
The Plaintiff was aware of Defendant since the year 2009 as notice was issued in the year 2009 itself. However suit was filed in the yea r 2015, after gap of 6 years.
There has been delay of more than 5 years in filing the suit by the Plaintiff after becoming aware of Defendants registration. Defendant was entitled to benefit of Section 33 of the Act. Para 20-24.
Goods of the Plaintiff , i.e. Dairy product is different from Goods of the Defendant , i.e. Idly and Dosa. Para 32
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
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