Madras High Court
V.V.V & Sons Edible Oils Limited vs M/S.Ramalingam Agro Tech on 1 December, 2021
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
C.S.No.302 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
C.S.No.302 of 2010
V.V.V & Sons Edible Oils Limited
Represented by its Managing Director
having office at Post Box No.19
443, Bazaar, Virudhunagar – 626 001. ...
Plaintiff
Vs.
M/s.Ramalingam Agro Tech
No.271, 1st Main Road,
Chamrajpet,
Bangalore – 18. ... Defendant
(Plaintiff amended as per order dated 21.06.2017 in A.No.800/2017
and time extended as per order dated 07/09/2021 in C.S.No.302 of
2010)
PRAYER: Plaint filed under Order IV Rule 1 of O.S. Rules and Order
VII Rule 1 of CPC read with Sections 27, 29, 134 & 135 of the Trade
Marks Act, 1999 and under Section 62 of the Copyright Act, 1957
praying for:
(a) granting a permanent injunction restraining the Defendant,
its partners/directors, distributors, stockiest, servants, agents
retailers, representatives or any other person claiming
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C.S.No.302 of 2010
under/through them from in any manner infringing the plaintiffs
packaging, get up and trade dress in the plaintiff registered
composite trademark bearing registration number 746974 under
class 29 from manufacturing, selling, offering for sale, stocking,
advertising, either directly and/or indirectly any goods and in
particular any Edible Gingelly oil and /or allied products under an
identical or deceptively similar packaging, get up and trade dress or
in any other manner identical with and/or which is in any way
infringing the Plaintiff's registered composite trademark or in any
other manner whatsoever.
b) Granting a permanent injunction restraining the Defendant,
its partners/directors, distributors, stockiest, servants, agents
retailers, representatives or any other person claiming
under/through them from in any manner infringing the copyright of
the plaintiffs in their artistic work that are in anyway visually,
phonetically or deceptively similar in nature as shown in Document
No.1 or in any manner whatsoever.
c) Granting a permanent injunction restraining the Defendant,
its partners/directors, distributors, stockiest, servants, agents
retailers, representatives or any other person claiming
under/through them from in any manner passing off their any goods
and in particular any Edible Gingelly oil and/or allied products goods
as that of the plaintiffs packaging, get up and trade dress in the
plaintiff registered composite trademark or by using any other mark
which is identical with or deceptively similar to the plaintiff's said
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C.S.No.302 of 2010
trade mark or in any other manner whatsoever connected with the
plaintiffs.
d) Directing the defendant to surrender to the plaintiffs the
entire stock of goods and all types of goods, materials
containing/bearing the trademark “AMURTHAM” which is in any way
visually, phonetically or deceptively similar to plaintiff's registered
Composite trademark for destruction.
e) To render a true and faithful account of sale and profits
earned by the Defendant through the business by the use of the
trade mark “AMURTHAM” on the goods referred that are visually,
phonetically or deceptively similar to the plaintiff's registered
trademark IDHAYAM Gingelly oil and to pay the profits earned by the
Defendant in this behalf.
f) Directing the defendant to pay to the plaintiff the costs of
the suit
For Plaintiff : Mr.P.J.Rishikesh
For Defendant : Mr.Rajesh Ramanathan
ORDER
The learned counsel appearing on behalf of the plaintiff submitted that he has instructions to withdraw this suit with liberty 3 of 5 https://www.mhc.tn.gov.in/judis C.S.No.302 of 2010 to file a fresh suit if in case any cause of action arises in future.
4 of 5 https://www.mhc.tn.gov.in/judis C.S.No.302 of 2010 N. ANAND VENKATESH, J.
ssr
2.The suit is dismissed as withdrawn in terms of the endorsement made by the learned counsel for the plaintiff. No order as to costs.
01.12.2021 Speaking / Non-speaking Order Index : Yes/No ssr C.S.No.302 of 2010 5 of 5 https://www.mhc.tn.gov.in/judis