Madras High Court
M/S.Mothi Textiles vs P.Sivasamy on 13 September, 2019
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.S.No.885 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.09.2019
CORAM
THE HON`BLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.885 of 2013 &
O.A.Nos.49 to 51 of 2014 & 432 of 2014
M/s.Mothi Textiles,
194, Gandhi Road,
Surampatti, Erode – 9
and also at
Jains Kences Retreat, No.15, Reddy Street,
Block No.1, 4th Floor, Virugambakkam,
Chennail – 600 092. .. Plaintiff
Vs.
P.Sivasamy,
Trading as Muthulakshmi Mills,
No.2, Sengunthapuram,
11th Cross, Vivekananda Nagar,
Karur – 2. .. Defendants
Civil Suit filed under Order VII Rule 1 CPC read with Order IV Rule 1 of
Original Side Rules read with Sections 27, 28, 29, 134 & 135 of Trade Marks Act
and Sections 51, 55 and 62 of the Copyright Act 1957 of the Commercial Courts
Act, 2015 and Sections 55 and 62 of Copyright Act 1957 praying for the following
judgment and decree :
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a) For a permanent injunction restraining the defendants by himself, his
men, servants, agents, distributors, stockists, representatives or any one
claiming through them from in manner infringing the plaintiff's registered
trademark under No.454606 in class 24 by using the trademark MUTHU or any
other mark deceptively similar to the plaintiffs' registered trademark MOTHI or in
any other manner whatsoever;
b) For a permanent injunction restraining the defendants by himself, his
men, servants, agents, distributors, stockists, representatives or any one
claiming through them from in manner passing off and/or enabling others to pass
off the defendants products as and for the plaintiffs' products by manufacturing,
selling, or offering to sell, distributing, displaying, printing, stocking, using,
advertising products bearing trademark MUTHU or any other mark deceptively
similar to the plaintiffs' registered trademark MOTHI or in any other manner
whatsoever;
c) For a permanent injunction restraining the defendants by himself, his
men, servants, agents, distributors, stockists, representatives or any one
claiming through them from in manner committing acts of copyright infringement
by using, marketing and publishing the MUTHU labels which is a substantial
reproduction of plaintiffs' MOTHI towel labels registered under No.A-14103/75,
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C.S.No.885 of 2013
under A-35687/82, under No.A-56907/85 in similar colour scheme, get up and
layout or in any other manner whatsoever;
d) the defendants be ordered to surrender to plaintiffs for destruction of all
products, labels, dyes, blocks, moulds, screen prints, packing materials and
other materials bearing the trade mark MUTHU or any mark deceptively similar
to plaintiffs' trademark and artistic work MOTHI.
e) a preliminary decree be passed in favour of plaintiffs directing the
defendant to render account of profits made by use of Trademark and copyright
in the artistic work MUTHU and a final decree be passed in favour of the
plaintiffs for the amount of profits thus found to have been made by the
defendants after the latter have rendered accounts;
f) for costs of the suit.
For Plaintiff : Mr.R.Sathish Kumar
For defendant : Mr.Niranjana T.G.
JUDGMENT
The suit has been filed for the following reliefs :
a) For a permanent injunction restraining the defendants by himself, his men, servants, agents, distributors, stockists, representatives or any one 3/7 http://www.judis.nic.in C.S.No.885 of 2013 claiming through them from in manner infringing the plaintiff's registered trademark under No.454606 in class 24 by using the trademark MUTHU or any other mark deceptively similar to the plaintiffs' registered trademark MOTHI or in any other manner whatsoever;
b) For a permanent injunction restraining the defendants by himself, his men, servants, agents, distributors, stockists, representatives or any one claiming through them from in manner passing off and/or enabling others to pass off the defendants products as and for the plaintiffs' products by manufacturing, selling, or offering to sell, distributing, displaying, printing, stocking, using, advertising products bearing trademark MUTHU or any other mark deceptively similar to the plaintiffs' registered trademark MOTHI or in any other manner whatsoever;
c) For a permanent injunction restraining the defendants by himself, his men, servants, agents, distributors, stockists, representatives or any one claiming through them from in manner committing acts of copyright infringement by using, marketing and publishing the MUTHU labels which is a substantial reproduction of plaintiffs' MOTHI towel labels registered under No.A-14103/75, under A-35687/82, under No.A-56907/85 in similar colour scheme, get up and layout or in any other manner whatsoever;
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d) the defendants be ordered to surrender to plaintiffs for destruction of all products, labels, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trade mark MUTHU or any mark deceptively similar to plaintiffs' trademark and artistic work MOTHI.
e) a preliminary decree be passed in favour of plaintiffs directing the defendant to render account of profits made by use of Trademark and copyright in the artistic work MUTHU and a final decree be passed in favour of the plaintiffs for the amount of profits thus found to have been made by the defendants after the latter have rendered accounts;
f) for costs of the suit.
2. When the matter was taken up today, the learned counsel appearing for the defendant submitted that the matter between the parties is almost settled and the defendant will no longer use the trademark of the plaintiff and they have also entered into a contract in this aspect. The learned counsel appearing for the plaintiff has not disputed the same and further submitted that they are not pressing for rendition of accounts and damages.
3.Since the defendant has made an admission of infringement and also submitted that they also desist from infringing hereafter and also made a change 5/7 http://www.judis.nic.in C.S.No.885 of 2013 in their marks, this Court is of the view that it is the fit case, where the decree and judgment itself can be passed on the basis of the admission of the fact made before this Court through their counsel. Even the oral admission of the learned counsel for the defendant can also be taken note of. In view of the above, the admission of the defendant's counsel taken on record and the suit is decreed.
According, the suit is decreed in respect of prayers 'a' to 'c'. As far as the prayers 'd' and e are concerned, the suit is dismissed. Consequently, the connected applications are closed. No cost.
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Index : Yes/No
Internet : Yes/No
Speaking/Non-Speaking Order
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N.SATHISH KUMAR, J.
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