Madras High Court
E.I.D. Parry (India) Ltd vs Parimal Ceramic Industries on 11 August, 2021
Author: R.Subramanian
Bench: R.Subramanian
C.S.No.594 of 2001
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.594 of 2001
E.I.D. Parry (India) Ltd.,
Parryware Division,
Post Box No – 182,
“Dare House”, 234, N.S.C.Bose Road,
Chennai – 600 001.
Represented by its Constituted Agency,
S.Shamsuddin ...Plaintiff
Vs.
1.Parimal Ceramic Industries,
P.O.Box 55, Tarnetar Road,
Thangadh 363 530, Gujarat.
2.Samir Traders,
Station Road,
Thangadh 363 530, Gujarat.
3.Miral Ceramics Industries,
Navagam Road, P.O.Box.11,
Amarapar – 363 530, Gujarat.
4.Anil Ceramics,
Vasuki Plot, Opp. Post Office,
Thangadh – 363 530, Gujarat.
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C.S.No.594 of 2001
5.Sunrise Pottery Works,
Post Box No.51,
Tarnetar Road, Amarapar,
Thangadh 363 530, Gujarat.
6.Dharmendra Ceramics,
Opp. Railway Station,
Tarnetar Road,
Thangadh – 363 530, Gujarat. ...Defendants
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 and 62 of the
Copyright Act, 1957, praying as follows:-
a) a perpetual injunction restraining the Defendants, by
themselves, their partners / proprietors, heirs, legal representatives,
successors-in-business, assigns, servants, agents, distributors,
representatives or any of them from in any manner infringing the Plaintiff's
registered trademarks 'PARRYWARE CASCADE' and PARRYS by use of
trademarks PARRAWARE, PARRIWARE, PARRYSWARE,
PRRIYAWARE, PARIWARE, PARIS, PERRYSWARE and FERRAWARE
or any mark similar to the trademarks PARRYWARE and PARRYS in
respect of sanitary ware.
b) a perpetual injunction restraining the Defendants, by
themselves, their partners / proprietors, heirs, legal representatives,
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C.S.No.594 of 2001
successors-in-business, assigns, servants, agents, distributors,
representatives or any of them from passing off and enabling others to pass
off the Defendants' sanitary ware bearing the trade marks PARRYWARE
PARRYS, PARRAWARE, PARRIWARE, PARRYSWARE, PRRIYAWARE,
PARIWARE, PARIS, PERRYSWARE and FERRAWARE as and for the
plaintiff's PARRYWARE and “PARRYS” sanitary ware or in any other
manner whatsoever;
c) a perpetual injunction restraining the Defendants, by
themselves, their partners / proprietors, heirs, legal representatives,
successors-in-business, assigns, servants, agents, distributors,
representatives or any of them from in any manner infringing the Plaintiff's
copyright in the artistic works PARRYWARE and PARRYS in stylized
script by use of identical artistic works PARRYWARE and PARRYS or by
use of the artistic works PARRAWARE, PARRIWARE, PARRYSWARE,
PRRIYAWARE, PARIWARE, PARIS, PERRYSWARE and FERRAWARE
which are the substantial reproductions of Plaintiff's said artistic works or in
any other manner whatsoever.
d) the Defendants be ordered to surrender to Plaintiff for
destruction of all sanitary wares, washbasins, Wcs, bidets, urinals, sinks,
bath tubs, labels cartons, dyes, blocks, moulds, screen prints and other
materials bearing the trademarks PARRYWARE, PARRYS or any mark
similar thereto such as PARRAWARE, PARRIWARE, PARRYSWARE,
PARIWARE, PARIS, PERRYSWARE and FERRAWARE.
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C.S.No.594 of 2001
e) a preliminary decree be passed in favour of the Plaintiff
directing the Defendants to render account of profits made by use of
trademarks PARRYWARE, PARRYS or any mark similar thereto such as
PARRAWARE, PARRIWARE, PARRYSWARE, PARIWARE, PARIS,
PERRYSWARE and FERRAWARE and a final decree be passed in favour
of the Plaintiff for the amount of profits thus to have been made by the
Defendants after the latter have rendered accounts.
f) the Defendants be ordered to pay to the plaintiff a sum of
Rs.10,000/- as damages for acts of infringement of trademark, passing off
and infringement of Copyright committed by the Defendants by
manufacture and sale of sanitary ware bearing the trademark / artistic works
PARRYS, PARRYWARE, PARES, PARRAWARE, PARRIWARE,
PRRIYAWARE, PARRYSWARE, PARIWARE, PARIS, PERRYSWARE
and FERRAWARE.
g) for costs of the suit.
For Plaintiff : Ms.Chandini Pradeepkumar
for Mr.A.A.Mohan
For Defendants : No Appearance
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C.S.No.594 of 2001
JUDGMENT
Ms.Chandini Pradeepkumar, learned counsel appearing for the plaintiff would submit that she has got instructions to withdraw the suit.
2.Recording the said statement, this suit is dismissed as withdrawn. No costs. Liberty is reserved to the plaintiff, if there is a future cause of action.
11.08.2021 kkn Internet:Yes Index:Yes/No Speaking/Non-speaking List of witness and documents filed on the side of the plaintiff:
Nil List of witness and documents filed on the side of the defendants:
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