Madras High Court
John Distilleries Private Limited vs Mcdowell & Co. Ltd on 5 June, 2023
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
(T)OP(TM)246/2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)OP(TM)246/2023
ORA/17/2017/TM/CH
John Distilleries Private Limited
110, Pantharapalya,
Mysore Road,
Bangalore. ... Petitioner
vs.
1.Mcdowell & Co. Ltd.
No.3, Second Line Beach,
Madras-600 001
Tamil Nadu.
2.The Registrar of Trade Marks,
Chennai. ... Respondents
PRAYER: Petition for removal of Trade Mark bearing No.353012 in Class
33 from the Register or Rectification of the Register under Sections
47/57/125 of the Trade Marks Act, 1999 prays that this Court may be
pleased to (a) Exercise its discretion in favor of the applicant and against the
Respondent No.1 by directing the removal of/expunction of or cancellation
of the entry No.353012 relating to the mark MCDOWELL's No.1
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https://www.mhc.tn.gov.in/judis
(T)OP(TM)246/2023
TRAVELLER WHISKEY in Class 33; (b) Direct to impose conditions and
limitations as this Court may deem fit on the impugned registration of the
respondent and permit the petitioner to register and use the mark
ORIGINAL TRAVELLER in its favour.
For Petitioner : Mr.S.Yogeswhwar
for M/s.G.Ramji
ORDER
Learned counsel for the petitioner submits that the dispute between the contesting parties was settled. In fact, he produces a communication dated 19.02.2020 by which a request was made to the Intellectual Property Appellate Board to withdraw the petition.
2. Learned counsel has also made an endorsement with regard to the withdrawal of the petition. By taking note of the above, (T)OP(TM)No.246 of 2023 is dismissed as withdrawn without any order as to costs.
05.06.2023 kal 2/3 https://www.mhc.tn.gov.in/judis (T)OP(TM)246/2023 SENTHILKUMAR RAMAMOORTHY, J kal (T)OP(TM)246/2023 ORA/17/2017/TM/CH 05.06.2023 3/3 https://www.mhc.tn.gov.in/judis