Madras High Court
Bharathi Consumer Care Products Pvt. ... vs Mr.Suresh on 8 July, 2019
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.07.2019
Coram
The Honourable Mr.Justice KRISHNAN RAMASAMY
C.S.No.716 of 2018
and
O.A.Nos.958 to 960 of 2018
& Application No.8155 of 2018
Bharathi Consumer Care Products Pvt. Ltd.,
No.42, Bhavani Ellaiamman Koil Street,
Otteri, Chennai - 600 012.
rep. by its Chairman-cum-Executive Director,
Mr.A.Manickavel
...Plaintiff
Versus
Mr.Suresh,
Trading as,
S.Lingam Kirana,
Daily Market,
Kamareddy - 503 111,
Kamareddy District,
Telangana State.
...Defendant
This suit is filed under Order IV Rule 1 of O.S.Rules and Order VII
Rule 1 of CPC r/w. Sections 27, 28, 29, 134 and 135 of the Trademarks
Act, 1999 & Sections 51, 54, 55 & 62 of the Copyrights Act, 1957 and
Section 7 of the Commercial Courts, Commercial Division and Commercial
Appellate Division of High Courts Act No.4 of 2016 for the following
reliefs:
(a) a permanent injunction restraining the defendant by themselves,
their directors, partners, legal representatives, successors in business,
assigns, servants, agents, transporters, distributors, printers, stockists,
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wholesalers, dealers, retailers, advertisers or any one claiming through or
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under them from infringing plaintiff's registered trademark XXX label by
manufacturing, distributing, marketing, selling, offering for sale,
advertising or in any other manner dealing in detergent powder,
detergent cake, washing powder etc., or any other product bearing the
almost identical XPRESS package, wrapper, container, carton, label with
colour scheme, getup, layout which are similar to plaintiff's registered
trademark XXX label along with distinctive trade dress in any manner
whatsoever;
(b) a permanent injunction restraining the defendant by themselves,
their directors, partners, their legal representatives, successors in
business, assigns, servants, agents, transporters, distributors, printers,
stockists, wholesalers, dealers, retailers or any one claiming through or
under them from committing acts of copyright infringement by making
substantial reproduction of the plaintiff's copyright in the artistic work XXX
label by use of identical colour scheme of blue, red, white and yellow and
the unique features for their XPRESS package/wrapper or in any manner
whatsoever;
(c) a permanent injunction restraining the defendant by themselves,
their directors, partners, legal representatives, successors in business,
assigns, servants, agents, transporters, distributors, printers, stockists,
wholesalers, dealers, retailers, advertisers or any one claiming through or
under them from committing acts of passing off and enabling others to
pass off by manufacturing, distributing, marketing, selling, offering for
sale, advertising or in any other manner dealing in detergent powder,
detergent cake, washing powder etc., or any other product bearing the
almost identical XPRESS label, package, wrapper, container, carton, label
with colour scheme, getup, layout which are similar to plaintiff's trade
dress & get up in XXX package/wrapper in any manner whatsoever;
(d) the defendant be ordered to surrender to the plaintiff for
destruction, all containers, pouches, prints, dies, blocks, moulds and
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plates, screen prints, packing and advertising material and any other
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material in their possession, bearing the XPRESS label which is a
substantial reproduction of the plaintiff's trade dress & get up and
copyright in the artistic work XXX package/wrapper;
(e) a preliminary decree be passed in favour of the plaintiff directing
the defendant to render account of profits made by use of trademark
XPRESS label bearing the identical artistic work therein and final decree
be passed in favour of the plaintiff for the amount of profits thus found to
have been made by the defendant, after the latter have rendered
accounts;
(f) for costs of the suit.
For Plaintiff : Ms.R.Prashanthi
For Defendant : No Appearance
JUDGMENT
The learned counsel for plaintiff seeks the permission of this Court to withdraw the present suit and she has also made an endorsement to that effect.
2. In view of the submission coupled with an endorsement made by the plaintiff's counsel, this Civil Suit is dismissed as withdrawn. No costs.
Consequently, connected Applications are closed.
08.07.2019 mrr Index : Yes/No http://www.judis.nic.in 4 KRISHNAN RAMASAMY, J., mrr C.S.No.716 of 2018 08.07.2019 http://www.judis.nic.in 5 http://www.judis.nic.in