Madras High Court
The India Cements Limited vs Samavist Energy Solutions Private Ltd on 27 June, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
C.S.(Comm Div) No.217 of 2023.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
C.S.(Comm.Div)No.217 of 2023
1. The India Cements Limited,
Coromandel Towers,
93, Santhome High Road,
Karpagam Avenue, R.A.Puram,
Chennai - 600 028
Represented by its Senior Manager (Legal)
Mr.Devaraj Harish
2. Chennai Super Kings Cricket Limited,
Dhun Building,
No.827, Anna Salai,
Chennai 600 002, India,
Represented by its Whole time Director & CEO,
Mr.K.S.Vishwanathan ... Plaintiff
Vs.
Samavist Energy Solutions Private Ltd.,
C-21 and 22, Sector 57,
Nioda Gautam Buddha Nagara,
Uttar Pradesh - 201301
Also at,
A-108, Sector 4 Nioda,
Gautam Buddha Nagar,
Uttar Pradesh-201301
[email protected] ... Defendant
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C.S.(Comm Div) No.217 of 2023.
PRAYER:
The Plaint filed under Order IV Rule 1 of Original Side Rules
of this Court and Order VII Rule 1 of C.P.C., read with Sections 27, 28,
29, 134 and 135 of the Trademarks Act, 1999 & Proviso 1 to Section 7 of
the Commercial Courts Act, 2015 and numbered as C.S.No.217 of 2023
praying for judgment and decree against the defendant, as follows:
(a) To pass an Order of Declaration, declaring that the
Plaintiffs' registered Trademark CHENNAI SUPER KINGS as "well
known" trademark within the meaning of Section 2(1)(zg) read with
Section 11(6) of the Trademarks Act, 1999, along with a direction to the
Registrar of Trademarks to notify the mark CHENNAI SUPER KINGS
on the register of well-known marks
b) A permanent injunction restraining the Defendants, by
themselves, its partners, directors, officers, men, servants, agents,
successors in business, legal representatives, assigns or any other person
claiming through or under them in any manner whatsoever from
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C.S.(Comm Div) No.217 of 2023.
infringing the registered trademark CHENNAI SUPER KINGS by the
use of deceptively similar mark NOIDA SUPER KINGS or any other
mark identical or deceptively similar deceptively similar thereto in
respect of any goods or services or in any other manner whatsoever;
c)A permanent injunction restraining the Defendants, by
themselves, its partners, directors, officers, men, servants, agents,
successors in business, legal representatives, assigns or any other person
claiming through or under them, from in any manner using, offering,
advertising its services and products or otherwise dealing with the
trademark CHENNAI SUPER KINGS, singularly or in combination with
any other word and/or any mark similar or deceptively similar thereto
including but not limited to NOIDA SUPER KINGS and thereby passing
off their products, services and business as and for the products, services
and business of the Plaintiff or in any other manner whatsoever;
d) The Defendant be ordered to pay to the Plaintiff, a sum of
Rs.50,00,000/-, as damages for committing infringement of trademark
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C.S.(Comm Div) No.217 of 2023.
and passing off its products / services / business as being associated with
the Plaintiff;
e) The Defendants be ordered to surrender to the Plaintiff for
destruction of the name boards, invoices/bills, prints, brochures, screen
prints and advertising material any other material in the Defendant's
possession, which bears the mark NOIDA SUPER KINGS;
f) A preliminary decree be passed in favour of the Plaintiff
directing the Defendants to render account of revenue made by use of the
deceptively similar mark NOIDA SUPER KINGS amounting to
infringement of the Plaintiff's registered trademark and/or passing off and
a final decree be passed in favor of the Plaintiff for the number of profits
thus found to have been made by the Defendant after the latter have
rendered accounts; and
(g) For the Costs of the suit.
For Plaintiffs : Mr.Keerthikiran Murali
For Defendant : M/s.K.Jayasudha
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C.S.(Comm Div) No.217 of 2023.
JUDGMENT
Learned counsel for the plaintiffs seeks permission of this Court to withdraw the suit and he has also made an endorsement to that effect in the plaint today ie., on 27.06.2024.
2. In view of the endorsement made by the learned counsel for the plaintiff, the suit is dismissed as withdrawn. No costs. If the plaintiffs are entitled to refund of Court fees as per Rules, Registry is directed to refund the same.
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P.VELMURUGAN, J.
mfa C.S.(Comm.Div)No.217 of 2023 27.06.2024 Page 6 of 6 https://www.mhc.tn.gov.in/judis