Madras High Court
M/S.Mysore Silk Udyog vs M/S.Mysore Saree Udyog Llp on 29 September, 2023
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)OP(TM)/204 and 205/2023
(ORA/23, 24/2016/TM/CHN)
M/s.Mysore Silk Udyog
N.14/A, Rajaas Heights,
Kalidasa Road,
Mysore 570 002. ... Petitioner in both OP's
-vs-
1.M/s.Mysore Saree Udyog LLP
(Formerly known as
M/s.Mysore Saree Udyog Pvt Ltd)
Reg Office at No.294, 1st Floor, Century Plaza,
K Kamaraja Road, Bangalore 560 042.
... 1st Respondent in (T)OP(TM)/204/2023
1.M/s.Pukhraj Siremal Talera,
Mysore Saree Udyog Bangalore,
33/3, Jumma Masjid Road,
Bangalore – 560 002
Represented by its partner, Mr.Dinesh P Telera
... 1st Respondent in (T)OP(TM)/205/2023
2.The Registrar of Trade Marks,
Chennai. ... 2nd Respondent in both OP's
PRAYER in (T)OP(TM)/204/2023: Transfer Original Petition
(Trademarks) filed under Sections 47(1)(a)(2)(b), 57(2)(3) and 125(1)
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of the Trade Marks Act, 1999, praying registered label Trade Mark
“MYSORE SAREE UDYOG PVT. LTD.,” with Trade Mark No.722205
in class 24 in the name of MYSORE SAREE UDYOG PVT. LTD., be
expunged or removed or limited to the City of Bangalore.
PRAYER in (T)OP(TM)/205/2023: Transfer Original Petition
(Trademarks) filed under Sections 47(1)(a)(2)(b), 57(2)(3) and 125(1)
of the Trade Marks Act, 1999, praying registered label Trade Mark
“MYSORE SAREE UDYOG ,” with Trade Mark No.722186 in class 25
in the name of PUKHRAJ SIREMAL TALERA., be expunged or
removed or limited to the City of Bangalore.
For Petitioner : No Appearance
in both OP's
For Respondent 1 : Mr.Arun C.Mohan
in both OP's for M/s.Holla Associates
For Respondent 2 : Mr.Rajesh Vivekananthan,
in both OP's Deputy Solicitor General
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COMMON ORDER
The report dated 09.08.2023 of the Central Process Naazer, Mysore, records that notice could not be served on the petitioner because the petitioner is no longer functioning from the address specified in the petition. After noticing the above, on 05.09.2023, I directed the second respondent to ascertain whether a change of address was communicated by the petitioner to the Trade Marks Registry. Learned counsel for the second respondent submits that such change of address was not communicated.
2. Learned counsel for the first respondent submits that the first respondent filed O.S.No.7239 of 2015 (IPR) against the petitioner before the XVIII Additional City Civil Judge at Bangalore and that the said suit was decreed on 10.08.2023 by permanently restraining the petitioner from infringing and passing off the plaintiff's registered trade mark 'MYSORE SAREE UDYOG' by using the trade mark 'MYSORE SILK UDYOG'.
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3. Since the petitioner is not carrying on business at the address provided in the cause title and no alternative address is available, (T)OP(TM)/204 and 205/2023 are dismissed for non-prosecution without any order as to costs.
29.09.2023 rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No 4/5 https://www.mhc.tn.gov.in/judis SENTHILKUMAR RAMAMOORTHY,J rna (T)OP(TM)/204, 205/2023 (ORA/23, 24/2016/TM/CHN) 29.09.2023 5/5 https://www.mhc.tn.gov.in/judis