Madras High Court
Mrs.Veena Kumaravel vs Mr.Sushil Oommen Thomas on 4 July, 2019
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2019
CORAM:
The Hon'ble Mr.Justice KRISHNAN RAMASAMY
C.S.No. 548 of 2016
and
Appl.Nos.4837, 4838 & 4839 of 2016
1.Mrs.Veena Kumaravel
2.Groom India Salon and Spa Pvt.Ltd.,
(earlier known as Venus Spa and Salon Private Limited).
No.9 B, Ganga Griha, 1st Floor,
Nungambakkam High Road,
Chennai - 600 034,
represented by its Director
Mrs.Veena Kumaravel .. Plaintiffs
Vs
1.Mr.Sushil Oommen Thomas
Partner,
A.J.Enterprises,
B/43, Anandha Bhairavi Apartments,
Karthikeyan Salai,
Periyar Nagar, Chennai - 600 082.
2.Mrs.Rebecca Samuel
Partner,
A.J. Enterprises,
Annamalai Avenue, Okkiyam Village,
Thoraipakkam, Chennai - 600 097.
3.A.J.Enterprises
No.390, First Floor,
Rajiv Gandhi Salai,
http://www.judis.nic.in
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Near MARG, Old Mahabalipuram Road,
Chennai - 600 096. .. Defendants
Prayer : Plaint filed under Order VII, Rule 1 of the CPC read with Order
IV Rule 1 of the Original Side Rules of the Madras High Court, and
Sections 11, 29, 135, Trade marks Act, 1999, praying
A. To grant permanent injunction restraining the Defendants, their
directors, Franchisees, licensees, employees, officers, servants, agents and
all others acting for an on their behalf from using the trademark, trade name
and trading style featuring the mark NATURALS or any other name/mark
deceptively similar to plaintiffs' mark "NATURALS" in any manner
whatsoever, including in relation to their salon/spa/beauty care services or
any other business, including all use as part of their signage, business cards,
labels, promotional materials, advertisements, domain name/s, company
name/s, trading styles, URLs, e-mail addresses, screen names, user names,
website contents [whether or not visible], staff uniforms, transportation
vehicles, documents, reports, data, invoices, receipts, stationery, and on any
other materials and things on which they are using mark NATURALS or
anything identical or similar to Plaintiff's mark "NATURALS", amounting
to infringement to Plaintiff's trademark "NATURALS" under registration
No.1414842 in class 42 that amount to infringement thereof;
B. To grant permanent injunction restraining the Defendants, their
directors, Franchisees, licensees, employees, officers, servants, agents and
http://www.judis.nic.in
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all others acting for an on their behalf from using the trademark, trade name
and trading style featuring the mark NATURALS or any other name/mark
deceptively similar to plaintiffs' mark "NATURALS" in any manner
whatsoever, including in relation to their salon/spa/beauty care services or
any other business, including all use as part of their signage, business cards,
labels, promotional materials, advertisements, domain name/s, company
name/s, trading styles, URLs, e-mail addresses, screen names, user names,
website contents [whether or not visible], staff uniforms, transportation
vehicles, documents, reports, data, invoices, receipts, stationery, and on any
other materials and things on which they are using mark NATURALS or
anything identical or similar to Plaintiff's mark "NATURALS", that amounts
to passing off the Defendants goods or business or services as those
Plaintiffs;
C. To grant permanent injunction restraining the Defendants, their
partners, directors, Franchisees, licensees, employees, officers, servants,
agents and all others acting for an on their behalf from using the Plaintiff's
Purple and White Trade Dress as depicted within the Plaint in any manner
whatsoever, including in relation to their salon/spa/beauty care services or
any other business, including all use as part of their signage, business cards,
labels, promotional materials, interiors and exteriors of its business place
advertisements, website, company name/s, trading styles, website contents
[whether or not visible], transportation vehicles, documents, reports, data,
invoices, receipts, stationery, and on any other materials and things on
which they are using plaintiff's Trade Dress of Purple and White or anything
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similar to Plaintiff's Trade Dress, that amounts to passing off the
Defendant's goods or business or services as those of Plaintiff;
D. To grant damages for a sum of Rs.20,00,000/- (Twenty Lakhs
Rupees) in favour of the plaintiffs and against the defendants.
E. To direct the Defendants to pay the plaintiffs a sum of
Rs.10,62,8896/- towards royalty fee payable to the plaintiffs;
F. To grant order of delivery up of any brochures/printed materials
and/or any material which contributes ultimately to the infringement of
plaintiffs trademark for destruction thereof;
G. To direct the Defendants for rendition of accounts;
H. Costs and such other relief as this Hon'ble Court may deem fit, in
the circumstances of the case, in the interests of justice and equity.
For Plaintiffs : Ananad And Anand
No appearance
For Defendants : No appearance
JUDGMENT
http://www.judis.nic.in 5 When the Civil Suit was listed for hearing on 28.06.2019, the learned counsel for the plaintiff filed a memo, stating that he is no longer appearing on behalf of the plaintiffs. Therefore, this Court directed the Registry to list the matter on 02.07.2019 and also to print the name of the plaintiffs in the cause list. As per the said direction, the matter was listed on 02.07.2019, and though the name of the plaintiffs were printed in the causelist, there was no representation for the plaintiffs. Hence, as a last indulgence, this Court directed the Registry to list the matter on 04.07.2019 by printing the name of the plaintiffs in the causelist. Accordingly, the matter is listed today. But even today, when the Civil Suit is taken up, there is no representation on behalf of the plaintiffs. Therefore, it is to be construed that the Plaintiffs are not interested in pursuing the matter. Hence, this Civil Suit stands dismissed for non- prosecution. No costs. Consequently, connected applications are closed.
04.07.2019 Pns KRISHNAN RAMASAMY.J., http://www.judis.nic.in 6 Pns C.S.No. 548 of 2016 04.07.2019 http://www.judis.nic.in