JUDGMENT : C.V. KARTHIKEYAN, J. Prayer: This Civil Suit filed under Order IV Rule 1 O.S. Rules Order VII Rule 1 CPC, read with Sections 27(2), 29, 134 and 135 of the Trade Marks Act, 1999, praying for a Judgment and Decree against the Defendant: (a) granting a permanent injunction, restraining the Defendant, by himself, his servants, agents, distributors, or anyone claiming through him from manufacturing, selling, advertising and offering for sale using the name AACHI’S Village Restaurant or any other similar Trade Mark name or similar sounding expression in any media and use the same in the name board, invoices, letter heads and visting cards or by using any other trade mark/name which is in any way visually or deceptively or phonetically similar to the 1st Plaintiff’s trade mark/name AACHI/AACHI CHETINAD RESTAURANT/AACHI KITCHEN and use the same in pouches, packets or use the mark in invoices, letter heads and visiting card or part of their restaurant name, food preparation, any other trade literature or Menu card by using any other trade mark which is in any way visually, or phonetically similar to the Plaintiff’s registered Trade Mark Nos. 838786, 1116254, 1479159, 1715718 and 2965624 or in any manner infringing the 1st Plaintiff’s registered Trade Marks referred herein. (b) granting a permanent injunction restraining the Defendant by itself, its agents or servants or anyone claiming through or under him any business marketing, selling advertising using in trade literature, menu cards, invoices, name boards, website, internet advertisements the mark/name AACHI’s Village Restaurant in relation to the Restaurant or with respect to or any other food preparation or on any other business the impugned trademark/name which is in any manner deceptively or phonetically confusingly similar to the Plaintiff’s Trade Mark/name AACHI/AACHI CHETINAD RESTAURANT/AACHI KITCHEN or in any other manner pass off their hotel, business or goods as and for that of the Plaintiffs. (c) directing the Defendant to surrender to the Plaintiffs all the packing materials, cartons, advertisement materials and hoardings, letter heads, visiting cards, office stationery and all other materials containing/bearing the name AACHI’S Village Restaurant or other identical trade mark used in the pouches and packets bearing the word AACHI/AACHI HOTEL/AACHI CHETINAD RESTAURANT/AACHI KITCHEN. (c) directing the Defendant to surrender to the Plaintiffs all the packing materials, cartons, advertisement materials and hoardings, letter heads, visiting cards, office stationery and all other materials containing/bearing the name AACHI’S Village Restaurant or other identical trade mark used in the pouches and packets bearing the word AACHI/AACHI HOTEL/AACHI CHETINAD RESTAURANT/AACHI KITCHEN. (d) directing the Defendant to render an account of profits made by them by the use of the impugned trademark AACHI’S Village Restaurant on the service referred and decree the suit for the profits found to have been made by the Defendants, after the Defendants have rendered accounts. (e) directing the defendant to pay the cost of the suit. 1. The Plaintiffs have filed the suit under Sections 27(2), 29, 134 and 135 of the Trade Marks Act, 1999, read with the relevant provisions of the Original Side Rules of the Madras High Court and the Code of Civil Procedure, 1908, seeking a Judgment and Decree against the Defendant primarily from using the registered trademark ‘Aachi’ and for consequential reliefs. 2. The 1st Plaintiff is the Proprietor of the trademark Aachi. The 2nd Plaintiff is the Licensee of the trademark ‘Aachi’ and the 3rd Plaintiff is the licensee of the trademark Aachi Kitchen and Aachi Chettinad Restaurant. 3. The Plaintiff has claimed that they have registered the word mark ‘Aachi’ both in India and several other countries. They have been using the mark from the year 1995. They also claimed that substantial goodwill and reputation had been established. 4. The 1st Plaintiff had also obtained registration of the trademark ‘Aachi Chettinad Restaurant’ under No. 1116254 on 03.07.2002, with respect to Food Preparation of Human Consumption, coffee, tea, and such other beverages and also preparations made from bread, biscuits, cakes, pastry and confectionery, ice. 5. The 1st Plaintiff had also obtained registration mark of the ‘Aachi Kitchen’ under No. 1715718 in respect of restaurants, providing of food and drink and such other services. The 1st Plaintiff has been using the trademark ‘Aachi Kitchen’ with respect to restaurant business through the 3rd Plaintiff. 6. The 1st Plaintiff had also obtained registration mark Aachi in Tamil in Registration No. 1479159. 7. The Defendant is said to be running the hotel under the name ‘Aachi’s Village Restaurant. It had been claimed in the plaint that the name of the Defendant’s hotel is identical to the Plaintiffs’ registered trade mark. 6. The 1st Plaintiff had also obtained registration mark Aachi in Tamil in Registration No. 1479159. 7. The Defendant is said to be running the hotel under the name ‘Aachi’s Village Restaurant. It had been claimed in the plaint that the name of the Defendant’s hotel is identical to the Plaintiffs’ registered trade mark. It had been stated that the Defendant had deliberately copied the trade mark of the Plaintiffs’ with intention to encroach the goodwill and reputation created by the Plaintiff. It had also been stated that the general public would mistake the restaurant of the Defendant to be an undertaking of the Plaintiffs. It was under these circumstances that the suit had been filed seeking the relief as stated above. 8. The Plaintiffs had also filed O.A. Nos. 179 and 180 of 2020 seeking interim injunction which had also been granted. The Defendant had been served with the suit summons. The name of the Defendant had also printed in the cause list on 16.10.2020. Since there was no representation, the Defendant was set ex-parte on 16.10.2020. 9. The Plaintiff was called upon to adduce evidence to substantiate the suit claim. Accordingly, the Plaintiffs examined D. Gnanasambandam, Deputy Manager - Legal and Statutory of the 2nd Plaintiff company as PW-1. He also produced 34 documents, which were marked as Exs.P1 to P34. Ex.P30 is a copy of the Legal User Certificate of the trademark No. 1116254 dated 03.07.2002 for the trademark Aachi Chettinad Restaurant. Ex.P31 is the copy of the Legal User Certificate of the trademark No. 1715718 dated 30.07.2008 with respect to the trademark Aachi Kitchen. Ex.P32 is the copy of the Legal User certificate of the trademark No. 1479159 dated 17.08.2006 for registration of the mark ‘Aachi’ in Tamil. Ex.P14 (Series 2 Nos.) are the Name Board Aachi Kitchen and the Menu Card of Aachi Kitchen. The Name Board is reproduced below:- “IMAGE” 10. Ex.P34 is the Name Board of the Defendant, namely Aachi’s Village Restaurant, which is reproduced below:- “IMAGE” 11. I hold that in view of the registrations of the trademark ‘Aachi Kitchen’ and ‘Aachi Chettinad Restaurant’, the continuation of the Defendant of the restaurant using the mark ‘Aachi’ would cause confusion in the minds of the general public who would certainly get the impression that the restaurant of the Defendant is actually a branch or another undertaking of the Plaintiffs. Though the suit summons had been served, the Defendant had taken a conscious decision to abstain from participating in the Judicial Proceeding. In the Plaint, the details have been given with respect to the turnover and the promotional expenditure incurred and it is seen that the Plaintiffs have established more than sufficient goodwill and reputation. The balance of convenience is certainly in favour of the Plaintiffs. 12. In view of the registrations, I hold that, the Plaintiffs have made out a case for grant of relief sought in the suit. Accordingly, the suit is decreed as prayed for, with costs. Consequently, the connected Applications are closed. 13. Insofar as the costs are concerned, in view of the fact that the Defendant had shown scant regarding for the sanctity of the judicial proceedings by deliberately avoiding appearance, I hold that the plaintiffs are entitled to costs as determined under the amended Section 35 of the Code of Civil Procedure as applicable to the Commercial Division of the High Court. 14. Registry is delegated by the Court to determine the costs as per the Bill of Costs submitted by the plaintiffs in accordance with Section 35 CPC as amended by the Commercial Courts Act 2015. The plaintiffs are specifically entitled to the fees and expenses of the witness, the legal fees and expenses incurred and for any other expenses incurred in connection with the judicial proceedings and also for recovery of the actual Court fees paid into Court.