Madras High Court
B. Kishore Jain vs Balaji Khazana Jewellery on 1 September, 2023
Author: P.T. Asha
Bench: P.T. Asha
C.S (Comm Div). No. 31 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.09.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.S.No. 31 of 2009
B. Kishore Jain,
trading as
Khazana Jewellery
252A, TTK Road,
Alwarpet, Chennai 600 018. ... plaintiff
Vs.
1. Balaji Khazana Jewellery,
Plot No. 74, ECIL Road,
Srinivasa Nagar, Near Sai Sudhir College,
2. M/s. Vanaja
W/o. Raman Lal,
Partner of
Balaji Khazana Jewellery,
Plot No. 74, ECIL Road,
Srinivasa Nagar, Near Sai Sudhir College,
Hyderabad 500 062. ... defendants
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C.S (Comm Div). No. 31 of 2009
Prayer: Plaint filed under Order VII Rule 1 of CPC read with Order
IV Rule 1 of the Original Side Rules and Section 27, 28, 29, 134 and
135 of the Trade Marks Act, 1999, for
A. A permanent injunction restraining the defendant, his
partners, men, agents, servants, assigns successor-in business, legal
representatives or anyone claiming through or under him from in any
manner infringing the plaintiff's registered trade mark KHAZANA
under No. 544884 in class 14 b use of Balaji KHAZANA Jewellery as
a trademark and/or as part of trade name/trading style or by use of any
other trade mark/trade name containing the word KHAZANA or any
word similar thereto or in any other manner whatsoever;
B. A permanent injunction restraining the defendant, his
partners, men, agents, servants, assigns, successor-in-business. legal
representatives or anyone claiming through or under him from in any
manner passing off or enabling others to pass off the defendant's
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C.S (Comm Div). No. 31 of 2009
goods, business, services, jewellery etc., by use of trademark and/or
trade name/trading style BALAJI KHAZANA JEWELLERY which is
deceptively similar to plaintiff's well established trademark/trade
name Khazana Jewellery or in any manner whatsoever;
C. The defendant be ordered to surrender to the plaintiff all
name boards, stationery, labels, dyes, screen prints, packing materials,
pouches, bags, advertising material etc., containing the trademark
BALAJI KHAZANA JEWELLERY which is deceptively similar to
the plaintiff's trademark/trade name KHAZANA.
D. a preliminary decree be passed in favour of the Plaintiff
directing the Defendant to render account of profits made by use of
trademark BALAJI KHAZANA JEWELLERY 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;
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C.S (Comm Div). No. 31 of 2009
E. The Defendant be ordered and decreed to pay to the Plaintiff
a sum of Rs. 1,00,000/- as damages for acts of infringement of trade
mark/trade name and passing off;
F. for costs of the suit; and
G. pass such further or other reliefs as this Hon'ble Court may
deem fit and necessary in the circumstances of the case and thereby
render justice.
For Plaintiff : Mr. Arun C.Mohan
For Defendant 1 : No Appearance.
For Defendant 2 : No Appearance.
JUDGEMENT
4/6 https://www.mhc.tn.gov.in/judis C.S (Comm Div). No. 31 of 2009 The learned counsel for the Plaintiff has made an endorsement stating that the defendant is no longer using the infringing mark.
Therefore, he seeks to withdraw the suit. On the basis of the said endorsement, the suit is dismissed as withdrawn. No costs.
01.09.2023
Internet : Yes/No
Index :Yes/No
Speaking / Non-Speaking kan P.T. ASHA. J, 5/6 https://www.mhc.tn.gov.in/judis C.S (Comm Div). No. 31 of 2009 kan C.S.No. 31 of 2009 01.09.2023 6/6 https://www.mhc.tn.gov.in/judis