Madras High Court
M/S.Global Eventz vs M/S.India Property Online ... on 26 April, 2021
C.S.No.290 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.290 of 2014
M/s.Global Eventz,
rep. By its Proprietrix,
G.Nirmala,
Old.No.117, New No.227,
“Fathima Towers”, 3rd Floor,
Triplicane, Chennai – 600 005. ...Plaintiff
Vs.
M/s.India Property Online Private Ltd.,
rep. By TVH Beliciaa Towers, Tower 11,
9th Floor, #94, M.R.C.Nagar,
Mandaiveli, Chennai – 600 028. ...Defendant
Prayer: Civil Suit filed under Order VII Rule 1 CPC and under Order IV
Rule 1 of Original Side rules r/w with Sections 134 and 135 of the Trade
Marks Act, 1999 praying as follows:-
a) granting permanent injunction restraining the defendant from
advertising under the banner, Trade Mark “GRAHAPRAVESAM” and / or
any other Trade Mark which is similar or identical to the plaintiff's Trade
Mark “GRAHAPRAVESAM”.
b) granting permanent injunction restraining the defendant by
itself, its servant, agents or any one claiming through it from in any manner
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C.S.No.290 of 2014
passing off its services under the offending Trade Mark
“GRAHAPRAVESAM” as and for the plaintiff's celebrated services
including “property Exhibitions, Property Events, Property Trade shows”
under the plaintiff's Trade Mark “GRAHAPRAVESAM” either by selling or
offering for sale or providing services in any manner advertising the same.
c) directing the defendant to surrender to the plaintiff the entire
stock of unused offending labels, unused hoardings, pamphlets, banners,
notices, Invitations, advertisement materials and / or any other materials
bearing the offending Trade Mark “GRAHAPRAVESAM” and / or any other
trademark which is similar or identical to the plaintiff's trademark
“GRAHAPRAVESAM” along with the blocks and dyes for destruction.
d) directing the defendant to render a true and faithful account of
the profits earned by the defendant by rendering services under the
offending Trade Mark “GRAHAPRAVESAM” and / or any other trademark
which is similar or identical to the plaintiff's Trademark
“GRAHAPRAVESAM” and direct payment of such profits to the plaintiff
for the passing off committed by the defendant.
e) directing the defendant to pay to the plaintiff the cost of the suit;
and
f) pass such further order or orders as may be deemed fit and
property to the circumstances of the case.
For Plaintiff : No apperance
For Defendant : Mr.Prasant Alia for
Surana & Surana
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C.S.No.290 of 2014
JUDGMENT
The counsel for the plaintiff had filed a memo on 11.02.2021
withdrawing his appearance. This Court had directed notice to be issued to
the plaintiff on 22.03.2021.
2. Pursuant to the said direction, Registry had issued notice to the
plaintiff. The said notice has been returned with an endorsement that the
Office has been vacated and there is no such person in the given address.
3.Hence, this suit is dismissed for non-prosecution. No costs.
26.04.2021
kkn
Internet:Yes
Index:No
Non-Speaking
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C.S.No.290 of 2014
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendant:
Nil
26.04.2021
kkn
http://www.judis.nic.in
C.S.No.290 of 2014
R.SUBRAMANIAN, J.
KKN
C.S.No.290 of 2014
26.04.2021
http://www.judis.nic.in
