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2025 DAILYLAW 202269 (MAD)

S Sudhakar and 4 others v. Sri Narasus Coffee Company Private Limited

C.S(COMM DIV)/203/2024 · 2025-10-22

N Senthilkumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.S(COMM DIV) NO. 203 OF 2024 &OP(TM) No. 62 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-10-2025 CORAM THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR C.S(COMM DIV) NO. 203 OF 2024 and A NO. 4331 to 4334 of 2025 & A NO.4754 OF 2025 and OP(TM) No. 62 of 2024 1. S.Sudhakar 2. S.Dhinakar 3. M/s.T.M.Karuppiah Nadar Sons No.84, M.C.Road, Old Washermenpet, Chennai 600 021. Represented by its Partner S.Sudhakar 4. M/s.Shri Lakshmi Agri Foods, No.10, N.N.Garden, 10 th Street, Chennai 600 021 Rep. By its Partner, Mr.S.Sudhakar 5. Shri Lakshmi Agro Foods Pvt. Ltd., No.9, N.N.Garden, 10 th Street, Chennai 600 021. https://www.mhc.tn.gov.in/judis C.S(COMM DIV) NO. 203 OF 2024 &OP(TM) No. 62 of 2024 Rep. By its Managing Director, S.Sudhakar ….Plaintiff/Petitioners https://www.mhc.tn.gov.in/judis C.S(COMM DIV) NO. 203 OF 2024 &OP(TM) No. 62 of 2024 Vs. Sri Narasus Coffee Co. Pvt. Ltd., No.16, Court Road, Johnsonpet, Salem 636 007. Represented by its Managing Director. ….Defendant/Respondent in C.S(COMM DIV) NO. 203 OF 2024 1. Sri Narasus Coffee Co. Pvt. Ltd., No.16, Court Road, Johnsonpet, Salem 636 007. Represented by its Managing Director. 2. The Registrar of Trademarks, Trademarks Registry, Sampada Bhawan, S.M.Road, Antop Hill, Mumbai 400 037. 3. The Deputy Registrar of Trademarks, Trademark Registry, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 600 02. ….Respondents in OP(TM)No.62 of 2024 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) NO. 203 OF 2024 &OP(TM) No. 62 of 2024 PRAYER in OP(TM) No. 62 of 2024 : Petition filed under Section 57 of Trademarks Act, 1999 to direct the 2 nd and 3 rd respondents to expunge and cancel the registration of the mark Udhayam stating in the name of the 1st Respondent under TM No.733369 dated 01.07.2006 in respect of coffee contained in class 30 and shown as “UDHAYAM (LOGO)” on the official website of the trademark registry, with costs to the petitioners. Prayer in C.S.(Comm.Div.)No.203 of 2024: Petition filed under Order IV Rule I of O.S. Rules read with Order 7 Rule 1 CPC and read with Section 27, 134 and 135 of the Trade Marks Act, 1999 to (a) A permanent injunction restraining the defendant, their men, servants, agents, assigns, subsidiaries or group or associated or sister entities or any anyone claiming through or under them or acting under their directions, from in any manner whatsoever infringing the plaintiffs’ registered mark “UDHAIYAM” or “cjak; ” by hosting websites/webpages, manufacturing, https://www.mhc.tn.gov.in/judis C.S(COMM DIV) NO. 203 OF 2024 &OP(TM) No. 62 of 2024 selling, offering for sale, stocking, advertising, exporting, importing either directly and/or indirectly any goods and in particular any paneer or curd or coffee or other food products under the trademark “UDHAYAM” or “cjak;” either per-se or in combination with any other mark/device either in English or Tamil or any other language, which is identical with and/or deceptively similar to plaintiffs’ registered trademark “UDHAIYAM” or “cjak; ” or in any other manner whatsoever; (b) A permanent injunction restraining the defendant, their men, servants, agents, assigns, subsidiaries or group or associated or sister entities or any anyone claiming through or under them or acting under their directions, from in any manner whatsoever hosting websites/webpages, manufacturing, selling, offering for sale, stocking, advertising, exporting, importing either directly and/or indirectly any goods and in particular any paneer or curd or coffee or other food products under the trademark “UDHAYAM” or “cjak; ” either per-se or in combination with any other mark/device either in English or Tamil or any other language, which is identical with and/or deceptively similar to plaintiffs’ registered trademark “UDHAIYAM” or “cjak; ” so as to pass off the defendants products or https://www.mhc.tn.gov.in/judis C.S(COMM DIV) NO. 203 OF 2024 &OP(TM) No. 62 of 2024 business as and for that of the plaintiffs products/business or in any other manner whatsoever; (c) Directing the defendant to render true and proper account of profits made by use of trademark “UDHAYAM” or “cjak; ” either per-se or in combination with any other mark either in English or Tamil or any other language for the sale of any of its products including paneer or curd or coffee, and a direction to pay the plaintiffs the amount of profits thus found to have been made by the defendant; (d) The defendants be ordered and decreed to pay to the plaintiffs a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) as special damages for the intentional and malafide acts of infringement of trademark and passing off committed by them and in having diluted the reputation and goodwill held by the plaintiffs trademark “UDHAIYAM” and “cjak; ” amongst the public; (e) for costs of the suit. For Petitioners : Mr.Rahul Balaji For Respondents: Ms.S.Suba Shiny for R1 COMMON JUDGMENT https://www.mhc.tn.gov.in/judis C.S(COMM DIV) NO. 203 OF 2024 &OP(TM) No. 62 of 2024 The learned counsel appearing for the petitioners and the first respondent submit that they have entered into a Memorandum of Compromise dated 10.10.2025, which is duly signed by the parties. It is also submitted that, in view of the Memorandum of Compromise, the petitioners may be permitted to withdraw these petitions, to that effect, they have also filed an Additional Joint Memo enclosing a copy of the Memorandum of Compromise. 2. Recording the said submission, the Suit as well as the Original Petitions are dismissed as withdrawn. The said Additional Joint Memo enclosing a copy of the Memorandum of Compromise shall form part and parcel of this judgment. No costs. Consequently, connected applications are closed. 22-10-2025 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis C.S(COMM DIV) NO. 203 OF 2024 &OP(TM) No. 62 of 2024 To 1. The Registrar of Trademarks, Trademarks Registry, Sampada Bhawan, S.M.Road, Antop Hill, Mumbai 400 037. 2. The Deputy Registrar of Trademarks, Trademark Registry, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai 600 02. https://www.mhc.tn.gov.in/judis C.S(COMM DIV) NO. 203 OF 2024 &OP(TM) No. 62 of 2024 N.SENTHILKUMAR J. jd C.S(COMM DIV) NO. 203 OF 2024 and A NO. 4331 to 4334 of 2025 & A NO.4754 OF 2025 and OP(TM) No. 62 of 2024 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) NO. 203 OF 2024 &OP(TM) No. 62 of 2024 22-10-2025 https://www.mhc.tn.gov.in/judis