Madras High Court
Mohan Breweries And Distilleries ... vs / on 29 November, 2023
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. No.106 of 2016, O.A. No.113 of 2016 and A. Nos.1025 of 2016 and 6478 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 29.11.2023
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. No.106 of 2016, O.A. No.113 of 2016 and
A. Nos.1025 of 2016 and 6478 of 2018
Mohan Breweries and Distilleries Limited,
represented by its Chief Financial Officer .. Plaintiff
/versus/
1.Appollo Distilleries Pvt. Ltd.,
represented by its Managing Director
2.Tamil Nadu State Marketing Corporation Limited,
represented by its Director .. Defendants
Prayer: Civil Suit has been filed under Order IV Rule 1 of the Madras
Original Side Rules and Order VII, Rule 1 of the Code of Civil Procedure
read with Sections 27, 28, 29 and 134 of the Trademarks Act, 1999 and
Sections 51, 55 and 62 of the Copyright Act 1957 and Sections 11 and 22
of the Designs Act, 2000 to grant judgment and decree of:
a)a permanent injunction restraining the first defendant by
themselves or their men, servants, agents, promoters, representatives,
stockists, retailers or anyone claiming through them from in any manner
whatsoever infringing upon or using the plaintiff's bottle bearing the
registered design which are further embossed with the plaintiff's said logo
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C.S. No.106 of 2016, O.A. No.113 of 2016 and A. Nos.1025 of 2016 and 6478 of 2018
and registered trademark;
b)a permanent injunction restraining the first defendant by
themselves or their men, servants, agents, promoters, representatives,
stockists, retailers or anyone claiming through them from in any manner
whatsoever passing off their beer products as those of the plaintiff's;
c)a preliminary decree be passed in favour of the plaintiff directing
the first defendant to render account of profits made by infringing on the
plaintiff's registered design and trademark and passing off their beer
products as those of the plaintiff's and a final decree be passed in favour
of the plaintiff for the amount of profits thus found to have been made by
the first defendant after the latter have rendered accounts;
d)a direction to the first defendant to surrender on oath to the
plaintiff for destruction of bottles bearing the plaintiff's registered design
and trademark;
e)a direction to the second defendant to destroy or return back to
the plaintiff the existing stock of bottles and not further sell any bottles
bearing the plaintiff's registered design and trademark that are being
unauthorisedly made available for sale by the first defendant;
f)a direction directing the first defendant to pay a sum of
Rs.2,00,00,000/- (Rupees Two Crores only) as damages for loss suffered
by the plaintiff on account of the first defendant's acts of infringement of
design, trademark and copyright committed by selling their product in the
plaintiff's bottle bearing the registered design which are further embossed
with the plaintiff's said logo and registered trademark; and
g)costs of the suit.
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C.S. No.106 of 2016, O.A. No.113 of 2016 and A. Nos.1025 of 2016 and 6478 of 2018
For Plaintiff : Mr.S.Aswinraj
JUDGMENT
Learned counsel for the plaintiff seeks permission of this Court to withdraw this suit. He has also made an endorsement to that effect in the Court bundle. Accordingly, this suit is dismissed as withdrawn.
Consequently, connected applications are closed. No costs.
29.11.2023 vga ABDUL QUDDHOSE, J.
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