Madras High Court
M/S.Sri Narasu'S Coffee Company ... vs M/S. Narasu'S Sarathy Industries on 15 September, 2023
Author: P.T. Asha
Bench: P.T. Asha
TR.C.S.No.102 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
TR.C.S.No.102 of 2020
1.M/s.Sri Narasu's Coffee Company Limited,
Rep. by its Managing Director
P.Sivanantham ...Plaintiff
Vs.
1.M/s. Narasu's Sarathy Industries
A firm by its partners B.Nithish Harihar and B.Jayashree
2. B.Nithis Harihar
3. B. Jayashree ...Defendants
PRAYER: Plaint is filed under Order 7 Rule 1 to 6 of C.P.C, praying for
the following reliefs:-
1) Restraining the defendants, their men, agents, servants, staff and/or
any one claiming under them from in any manner infringing the Trade
mark/Word Mark "NARASU'S"( wore per se) or in any manner use it for
advertising or for any other purpose by way of a permanent injunction.
2) Restraining the defendants, their men, agents, servants, staff and
/or any one claiming under them from passing of the word mark/trade mark
"NARASU'S" or deceptively similar word get up, write up in any manner
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TR.C.S.No.102 of 2020
inclusive of using the same any where and in any manner for any purpose.
3) Restraining the defendants, their men, agents, servants, staff and/
or any one claiming under them from passing off the word mark/trade mark
"NARASU'S" either independently or with any other name or with any
identical word or similar word and/or deceptively similar word, to use the
word mark "NARASU'S" in any media like televisions, radios etc.,
newspapers, or posters or using the same in the transport vehicles and in
any kind of advertisements in the media like televisions, radios news
papers, magazines or books of any kind etc., by way of a permanent
injunction.
4) Directing the defendants to surrender the entire stock of unused
wrappers containing the word mark/trade mark "NARASU'S" to surrender
for destruction of all the labels, visiting cards, screen prints, posters,
advertising materials, pamphlets, books, prospectus, name boards and / or
any other materials with the word mark "NARASU'S" 'to the plaintiff.
5) Directing the defendants to render true, proper and correct and
genuine account of the money earned by the defendants by using the word
mark/trade mark "NARASU'S" and directing them to pay the same to the
plaintiff for the infringement and passing off committed by the defendants
6) award costs of the suit.
For Plaintiffs : M/s.S.Suba Shiny
For Defendants : Mr.K.Rajasekaran
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TR.C.S.No.102 of 2020
JUDGMENT
The learned counsel for the plaintiff, on instruction, would submit that she is not pressing the 5th relief. The 2nd defendant has sworn to an affidavit dated 18.08.2023 in which he has stated that he has stopped the manufacturing of Dhal in the name of “NARASU'S”.
2. By reason of this undertaking, the defendants have submitted to a decree in respect of suit prayers 1 to 4. The plaintiff has given up the 5th relief. Therefore, the suit is partly decreed. No costs.
15.09.2023
(½)
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
srn
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