Madras High Court
Scientific Compounds And vs Hanuman Cottage Industry on 5 August, 2021
Author: R.Subramanian
Bench: R.Subramanian
C.S.No.833 of 2000
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.833 of 2000
1.Scientific Compounds and
Processes Private Ltd.,
Citadel Building Office No.2,
117, Dr.Radha Krishanan Road,
Mylapore, Chennai – 600 004.
Represented by its Director,
Mr.G.Parimalazhagan
2.ECOF Detergents Private Ltd.,
28 B, Sardar Patel Road, Guindy,
Chennai – 600 032.
Represented by its Business Manager,
Mr.G.Parimalazhagan ...Plaintiffs
Vs.
Hanuman Cottage Industry,
37/1, 2nd Main Road,
New Tharagupet,
Bangalore – 52. ...Defendant
Prayer: Plaint filed under Order VII, Rule 1 of C.P.C., and Order IV Rule 1
of the Original Side rules r/w. Sections 27, 28, 29, 105 & 106 of the Trade
and Merchandise Marks Act, 1958 and Sections 51, 55, 62 and 63 of the
Copyright Act, 1957, praying as follows:-
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C.S.No.833 of 2000
a) a permanent injunction restraining the Defendant, by itself, its
partners / proprietors, heirs, legal representatives, successors-in-business,
assigns, servants, agents, distributors, representatives or any of them from in
any manner infringing the Plaintiffs' registered trademark 'SABENA' by use
of trademark 'SUBEENA' or any mark which is similar to Plaintiffs'
trademark ' SABENA' in respect of cleaning powder.
b) a permanent injunction restraining the Defendant, by itself, its
partners / proprietors, heirs, legal representatives, successors-in-business,
assigns, servants, agents, distributors, representatives or any of them from
passing off and enabling others to pass off the Defendant's cleaning powder
as and for Plaintiffs' cleaning powder by use of trademark 'SUBEENA' and
'SUBEENA' polythene pouch or any other mark and / or pouch which is a
identical or similar to Plaintiffs' trademark ' SABENA' and 'SABENA'
polythene pouch or in any other manner whatsoever;
c) a permanent injunction restraining the Defendant, by itself, its
partners / proprietors, heirs, legal representatives, successors-in-business,
assigns, servants, agents, distributors, representatives or any of them from in
any manner infringing the Plaintiffs' artistic work 'SABENA' polythene
pouch by use of 'SUBEENA' polythene pouch or any other pouch which is a
substantial reproduction of Plaintiffs' artistic work 'SABENA' polythene
pouch;
d) the Defendant be ordered to surrender to Plaintiffs for
destruction all goods, products, polythene pouches, blocks, dyes, screen
prints, brochures, labels, pamphlets, advertising materials and other
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C.S.No.833 of 2000
materials bearing the trademark 'SUBEENA' and artistic work 'SUBEENA'
polythene pouch or any other trademark and / or artistic work which is
identical or similar to Plaintiffs' trademark 'SABENA' and artistic work
'SABENA' polythene pouch;
e) a preliminary decree to be passed in favour of the Plaintiffs
directing the Defendant to render account of profits made by use of
trademark 'SUBEENA' and artistic work of 'SUBEENA' polythene pouch
from the date of commitment of sale of goods and a final decree be passed
in favour of the Plaintiffs for the amount of profits thus to have been made
by the Defendant after the letter have rendered accounts.
f) a decree for Rs.10,05,000/- as damages in favour of the
Plaintiffs for the acts of infringement of trademark, infringement of
Copyright and passing off committed by the Defendant.
g) for the costs of the suit.
For Plaintiffs : Mr.Rahul M Shankar for
Mr.C.S.Gopalakrishnan
For Defendant : Mr.K.Chandrasekar
JUDGMENT
Mr.Rahul M Shankar, learned counsel appearing for the plaintiff would submit that he has instructions to withdraw the suit, since the products of the defendant are no longer in the market.
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2.Recording the said statement, this suit is dismissed as withdrawn. No costs. Liberty is reserved to the plaintiffs to approach the Court, if there is a future cause of action.
05.08.2021 kkn Internet:Yes/No Index:Yes/No Speaking/Non-speaking List of witness and documents filed on the side of the plaintiffs:
Nil List of witness and documents filed on the side of the defendant:
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