Madras High Court
Good Luck Paints And Chemicals vs Arunachala Industries on 26 April, 2021
Author: R.Subramanian
Bench: R.Subramanian
C.S.No.711 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.711 of 2015
and
A.Nos.5743, 5744 of 2015 and O.A.Nos.930 to 932 of 2015
Good Luck Paints and Chemicals
A-39, Karthikeyan Salai,
Periyar Nagar,
Chennai – 600 080.
Rep. By its Partner, Mrs.B.Nagarathi ...Plaintiff
Vs.
Arunachala Industries,
148, MAHIA Industrial Estate,
Varichur, PO, Madurai – 625 020. ...Defendant
Prayer: Civil Suit filed under Order IV Rule 1 of Original Side rules and
Order VII Rule 1 of C.P.C r/w Sections 27, 28, 29, 134 & 135 of the Trade
Marks Act, 1999 and Sections 51, 55 and 62 of the Copyright Act, 1957
praying as follows:-
a) a perpetual injunction restraining the defendant by itself, its
directors, partners, proprietor as the case may be, heirs, legal
representatives, successors in business, assigns, agents, distributors,
stockists, or any one claiming through them from in any manner infringing
the plaintiff's trademark GOODLUCK label registered under No.520499 by
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C.S.No.711 of 2015
use of an identical and / or deceptively similar label, containers, packaging,
other materials or in any other manner whatsover;
b) a perpetual injunction restraining the defendant by itself, its
directors, partners, proprietor as the case may be, heirs, legal
representatives, successors in business, assigns, agents, distributors,
stockists, or any one claiming through them from in any manner passing off
or enabling others to pass off the defendant's paints, enamels, primers,
varnish and such other cognate / allied goods as and for the plaintiff's paints,
enamels, primer, varnish and like goods by use of the GOODLUCK
containers having a colour scheme of blue and yellow, arrangement of
features or any container, packaging which is similar to plaintiff's trade dress
in the GOODLUCK containers having distinctive colour scheme, get up and
layout or in any other manner whatsoever;
c) a perpetual injunction restraining the defendant by itself, its
directors, partners, proprietor as the case may be, heirs, legal
representatives, successors in business, assigns, agents, distributors,
stockists, or any one claiming through them from in any manner infringing
the plaintiff's copyright in the artistic work GOODLUCK container label
having blue and yellow colour scheme, get up, lay out, arrangement of
features, by substantially reproducing the same for their GOODLUCK
containers, or any other containers, product packaging or in any other
manner whatsoever;
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
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C.S.No.711 of 2015
trademark, passing off and infringement Copyright.
e) the defendant be ordered to surrender to plaintiff's for
destruction of all goods, containers, cartons, labels, prints, blocks, dies,
plates, moulds and other materials bearing the colour scheme of blue and
golden yellow or any other features similar to the plaintiff's GOODLUCK
label;
f) a preliminary decree be passed in favour of the plaintiff
directing the defendant to render account of profits made by use of the
deceptively similar trade mark / label, trade dress and copyright in the
artistic work GOODLUCK paints amounting to infringement of the
plaintiff's registered trademark / label, copyright and passing off 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;
g) for costs of the suit; and
h) pass such further or other orders as this Hon'ble Court may
deem fit and proper in the circumstances of the case and thus render justice.
For Plaintiff : Ms.Chandini Pradeepkumar
For Defendant : No appearance
JUDGMENT
Ms.Chandini Pradeepkumar, learned counsel appearing for the plaintiff would submit that the plaintiff would be willing to withdraw the 3/7 http://www.judis.nic.in C.S.No.711 of 2015 suit, if the undertaking given by the defendant by his letter dated 05.09.2015, which was handed over to the Advocate Commissioner, who was appointed by this Court is recorded. The said letter reads as follows:-
“Herewith, we confirm your notice dated 05.09.2015 regarding your “Goodluck Label”. We already closed our unit by March 2015. In future, we won't use your Goodluck label for cheaper red oxide metal primer. What are the remaining unused labels available with us, we have handed over to your people. Sorry for the inconvenience. If won't repeated again. Thanking you.” The said letter has been signed by Mr.Prabakaran, Authorized signatory of the defendant.
2.The said statement is recorded and the suit is dismissed as withdrawn. Consequently, all connected applications are closed. No costs.
26.04.2021 kkn Internet:Yes Index:No Non-Speaking 4/7 http://www.judis.nic.in C.S.No.711 of 2015 List of witness and documents filed on the side of the plaintiff:
Nil List of witness and documents filed on the side of the defendant:
Nil 26.04.2021 kkn 5/7 http://www.judis.nic.in C.S.No.711 of 2015 R.SUBRAMANIAN, J.
KKN C.S.No.711 of 2015 and A.Nos.5743, 5744 of 2015 and O.A.Nos.930 to 932 of 2015 6/7 http://www.judis.nic.in C.S.No.711 of 2015 26.04.2021 7/7 http://www.judis.nic.in