Madras High Court
K Mangudithangaraj vs Thirumalsamy Shanthi on 22 April, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.No.379 of 2020 &
(T)OP(TM)No.391 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.No.379 of 2020
and
(T)OP(TM)No.391 of 2023
(ORA/105/2020/TM/CHN)
C.S.No.379 of 2020
K Mangudithangaraj
Trading as Poonam Enterprises,
No.921, Hig Block, 1st Main Road,
TNHB Nagar, Velacherry, Chennai-600 042. ... Plaintiff
vs.
1. Thirumalsamy Shanthi
Trading as Punitham Food Products,
No.1, Kovalan Nagar, 6th Cross Street,
Pallikaranai, Chennai-600 100.
2. Karnan ... Defendants
PRAYER: Plaint filed under Order IV Rule 1 of Original Side Rules and
Order VII Rule 1 of the Code of Civil Procedure Read With Sections 27, 28,
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C.S.No.379 of 2020 &
(T)OP(TM)No.391 of 2023
29, 134 and 135 of the Trade Marks Act, 1999 and Sections 51, 55 & 62 of
the Copyright Act, 1957 and Sections 2(1)(c)(xvii) and 7 of the Commercial
Courts Act, 2015, prays for the Judgment and Decree as follows:
(a) For a permanent injunction restraining the Defendants, their men,
agents, servants or any one claiming through them from in any manner
infringing the Plaintiff's registered Trademark label POONAM registered
under No.959991 in class 29 as plaint Document No.1 hereto by using the
offending trademark label which is identical or deceptively similar to or a
colourable imitation of the Plaintiff's registered trademark or by using any
other mark, label or device which is identical or deceptively similar or a
colourable imitation of the Plaintiff's registered trademark;
(b) For a permanent injunction restraining the Defendants, their men,
agents, servants or any one claiming through them from in any manner
passing off their goods as that of the Plaintiff's by using the offending
trademark “PUNITHAM” or any other device or label or trade dress which
is identical or deceptively similar to that of the Plaintiff's trade mark label
and trade dress POONAM, either by manufacturing or offering for sale of
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C.S.No.379 of 2020 &
(T)OP(TM)No.391 of 2023
the products under the offending trade mark label and trade dress or in any
manner advertising the products under the offending trade mark, trade dress
and artistic work;
(c) For a permanent injunction restraining the Defendants, their men,
agents, servants or any one claiming through them from in any manner
infringing the Plaintiff's copyright over the artistic work in the trade mark
label POONAM by using the offending trade mark label or trade dress or
any other trade mark label or trade dress, which is identical or substantial
reproduction of the Plaintiff's artistic work in the trade mark label and trade
dress POONAM.
(d) Directing the defendant to pay the plaintiff damages a sum of
Rs.25,00,000/- for the illegal use of the plaintiff's trade mark.
(e) Directing the defendant to render true and faithful accounts of the
profits earned by them through the sale of offending trade mark
PUNITHAM and directing payment of such profits of the plaintiff.
(f) Directing the defendants to surrender the offending trade mark
label PUNITHAM.
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C.S.No.379 of 2020 &
(T)OP(TM)No.391 of 2023
(g) Directing the defendants to pay the costs of the suit to the
plaintiff.
For Plaintiff : No appearance
For D1 : Mr.V.Vivek
(T)OP(TM)No.391 of 2023
K Mangudithangaraj
Trading as Poonam Enterprises,
No.921, Hig Block, 1st Main Road,
TNHB Nagar, Velacherry, Chennai-600 042. ... Plaintiff
vs.
1. Thirumalsamy Shanthi
Trading as Punitham Food Products,
No.1, Kovalan Nagar, 6th Cross Street,
Pallikaranai, Chennai-600 100.
2. The Registrar of Trade Marks,
Trade Marks Registry, Chennai. ... Defendants
Prayer : Transferred Original Petition (Trade Marks) is filed under Sections
47, 57 & 125 of the Trade Marks Act, 1999 for the following reliefs:
(a) Removal of the Trade Mark “Punitham” registered under
No.4295694 in class 32 in the name of Thirumalasamyshanthi Trading as
Punitham food products, No.1, Kovalan nagar, 6th cross street, Pallikaranai,
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C.S.No.379 of 2020 &
(T)OP(TM)No.391 of 2023
Chennai-600 100, Tamil Nadu in class 32 in respect of non alcoholic
beverages mineral aerated water fruit beverages fruit juices syrups and other
non alcoholic preparations for making beverages from the Register of
Trademarks.
(b) Canceling the registration of the Trade Mark “Punitham”
registered under No.4295694 in class 32 in the name of
Thirumalasamyshanthi Trading as Punitham food products, No.1, Kovalan
nagar, 6th cross street, Pallikaranai, Chennai-600 100, Tamil Nadu in class
32 in respect of non alcoholic beverages mineral aerated water fruit
beverages fruit juices syrups and other non alcoholic preparations for
making beverages from the Register of Trademarks.
(c) Directing the Registrar of Trademarks to rectify the Register of
Trade Marks by expunging the registration of the Trade Mark “Punitham”
registered under No.4295694 in class 32 in the name of
Thirumalasamyshanthi Trading as Punitham food products, No.1, Kovalan
nagar, 6th cross street, Pallikaranai, Chennai-600 100, Tamil Nadu in class
32 in respect of non alcoholic beverages mineral aerated water fruit
beverages fruit juices syrups and other non alcoholic preparations for
making beverages from the Register of Trademarks.
(d) the costs of the proceedings be awarded to the petitioner.
For Petitioner : No appearance
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C.S.No.379 of 2020 &
(T)OP(TM)No.391 of 2023
For R1 : Mr.V.Vivek
For R2 : Mr.Rajesh Vivekanandan, DSG
COMMON JUDGMENT
These matters are listed today under the caption “for dismissal” because the plaintiff was not represented at the hearings on 18.03.2025 & 08.04.2025. At today's hearing also, the plaintiff remains unrepresented.
Therefore, C.S.No.379 of 2020 and (T)OP(TM)No.391 of 2023 are dismissed for non-prosecution without any order as to costs.
22.04.2025 Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No kj To The Registrar of Trade Marks, Trade Marks Registry, Chennai.
SENTHILKUMAR RAMAMOORTHY,J 6/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:58:12 pm ) C.S.No.379 of 2020 & (T)OP(TM)No.391 of 2023 kj C.S.No.379 of 2020 and (T)OP(TM)No.391 of 2023 (ORA/105/2020/TM/CHN) 22.04.2025 7/7 https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 06:58:12 pm )