Madras High Court
V.K.R.Venkatesan vs M.Selvanambi on 16 April, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
C.S.(COMM. DIV.) No.249 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
C.S.(COMM. DIV.) No.249 of 2022
V.K.R.Venkatesan
Trading as V.K.R. Prakash Modern Rice Mill
34/8, Kalleripatu Colony Road,
Arni Taluk
Thiruvannamalai District- 632317
Represented by his Power Agent
R.Yuvaraj
residing at No.40, Flat No.4
Madhuram Apartments, 1st Main Road
New Colony, Chrompet, Chennai - 600 044 ... Plaintiff
Vs.
M.Selvanambi
Trading as Sri Venkateswara Modern Rice Mills
Irumbedu, Arani-632 317 ... Defendant
Prayer: This Civil Suit filed under Order VII Rule 1 and Section 26
of CPC read with Sections 27, 28, 29, 134 and 135 of the Trademarks Act
1999 and Sections 51, 54, 55 and 62 of the Copyright Act, 1957 & Proviso
1 to Section 7 of the Commercial Courts Act, 2015 praying to pass
judgment and decree as follows:
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C.S.(COMM. DIV.) No.249 of 2022
(a) a permanent injunction restraining the
Defendant, himself, his partners, successors-in-
business, servants, agents, distributors, dealers
stockists, wholesalers, retailers, shop keepers,
representatives, assigns and all other persons claiming
through them from manufacturing, selling and
distributing, advertising rice using the MSN SIVAJI
BRAND trademark or any other similar trademark
which is identical to the Plaiintiff's SIVAJI BRAND
trademark amounting to infrigement of the Plaintiff's
registered trademark SIVAJI BRAND in any manner
whatsoever;
(b) a permanent injunction restaining the
Defendant, himself, his partners, successors-in-
business, servants, agents, distributors, dealers,
stockists, wholesalers, retailers, shop keepers,
representatives, assigns and all other persons claimng
through them from in any manner by use of MSN
SIVAJI BRAND lable, or any other artistic works
which are deceptively similar to Plaintiff's copyrighted
artistic works in SIVAJI BRANCH lable or any in other
manner whatsoever;
(c) a permanent injunction restaining the
Defendant, himself, his directors, legal representatives,
successors-in-business, assigns, servants, agents,
transporters, distributors, printers, stockists,
wholesalers, dealers, retailers, advertisers or any one
claimng through or under him from committing acts of
passing off and enabling others to pass off by
manufacturing, distributing, marketing, selling, offering
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C.S.(COMM. DIV.) No.249 of 2022
for sale, advertising or in any other manner dealing in
rice or any other product bearing the almost identical
mark MSN SIVAJI BRAND which is confusingly
similar to Plaintiff's mark SIVAJI BRAND, using any
similar lable, get-up, or packaging, which in any
manner whatsoever would be considered to be similar
to the Plaintiff's lable, get up or packaging;
(d) the Defendant be ordered to pay to the
Plaintiff a sum of Rs.10,00,000/- as damages for
committing acts of infringement of trademark and
copyright and passing off;
(e) the Defendant be ordered to surrender to the
Plaintiff for destruction all goods advertisement
materials, packing materials, cartons, wrappers, labels
in respect of rice and other allied/cognate goods
containing the offending mark/label or any other
mark/label similar to Plaintiff's trademark/labels SIVAJI
BRAND;
(f) a preliminary decree be passed in favour of
the Plaintiff directing the Defendant to render true and
faithful account of profits earned by them by use of
offending lable/trademark for rice or other allied and
cognate goods and a 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; and
(g) for entire costs of the suit.
For Plaintiff : Mr.A.Swaminathan
For Defendant : Mr.T.D.Selvan Babu
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C.S.(COMM. DIV.) No.249 of 2022
JUDGMENT
Today (16.04.2024), the matter is listed under the caption "for withdrawal" based on the letter of the learned counsel for the plaintiff dated 15.04.2024.
2. When the matter is taken up for hearing today (16.04.2024), the learned counsel for the plaintiff on record seeks permission of this Court to withdraw this suit and he has also made an endorsement to that effect.
3. In view of the above letter and endorsement made by the learned counsel for the plaintiff on record, this suit is dismissed as withdrawn. No costs.
16.04.2024
Index : Yes / No
Speaking Order : Yes / No
Neutral Case Citation : Yes/No Ksa-2 4/5 https://www.mhc.tn.gov.in/judis C.S.(COMM. DIV.) No.249 of 2022 P.VELMURUGAN. J.
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