Madras High Court
Glosoft Technologies Private ... vs M/S.Squadra Education Private ... on 9 August, 2021
C.S.No.225 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.225 of 2012
and
O.A.Nos.265 & 266 of 2012
and
A.Nos.2202 & 2203 of 2012
GLOSOFT TECHNOLOGIES PRIVATE LIMITED
Represented by its Chairman and Managing Director,
Mr.Mehroof I.Manalody,
“Pearlmount”, Office No.-15,
3rd Floor, Dharma Towers,
88/150, Nelson Manickam Road,
Choolaimedu, Chennai – 600 094.
...Plaintiff
.Vs.
1.M/s.Squadra Education Private Limited
represented by its Director Mr.Vijaykumaran T.,
33/272-F, Anugraha, Malaparamba,
Kozhikode – 673 009, Kerala.
2.M.Shabeeh Ussanali Veetil
3.Ashraf Kokkur
4.Madathil Poothampalli Savan Kumar
5.Peruvalath Ajaykumar ... Defendants
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C.S.No.225 of 2012
Plaint filed under Order IV Rule 1 of the Original Side Rules read
with Sections 134 & 135 of the Trade Marks Act, 1999 praying for a
judgment and decree:
(a) Granting Permanent Injunction restraining the defendants by
themselves, their servants, agents, partners, franchisees, men or
representatives or anyone claiming though them from in any manner
infringing the plaintiff's Trade Mark 'G-TEC COMPUTER
EDUCATION' and 'G-TEC' by using the similar or deceptively similar
Trade Mark fro the compute education services offered by the defendants
together with any write up or any other representation or words which are
in any manner identical to and deceptively similar with the Trade Mark
of the plaintiff in respect of the defendants' services by use of the
defendants' boards, hoardings, stationary, course materials, brochures,
pamphlets, advertisements or in any manner exhibiting to the public;
(b) Granting Permanent Injunction restraining the defendants by
themselves, their servants, agents, partners, franchisees, men or
representatives or anyone claiming though them from in any manner
passing off the defendants' educational services 'GiTEC' or 'Gi TEC
Education' bearing the offending trade mark with identical and / or
deceptively similar mark, colour scheme, get up and write up or the
defendants' web address, www.giteceducation.com, as and for the
celebrated computer education service of the plaintiff bearing the trade
mark 'G-TEC COMPUTER EDUCATION' and 'G-TEC' and the
plaintiff's website 'gteceducation.com', with peculiar get up and write up
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C.S.No.225 of 2012
either by misrepresentation to the public or offering the services or in any
manner advertising the defendants' offending services 'GiTEC' or 'Gi
TEC Education', or such other deceptively similar mark to the public;
(c) Directing the defendants to surrender to the plaintiffs the entire
stock of unused offending 'GiTEC' or 'Gi TEC Education' materials,
course study materials, together with blocks and dyes, name boards,
hoardings, stationary, brochures, advertisement materials and pamphlets,
and compact discs hard discs carrying the infringing 'GiTEC' or 'Gi TEC
Education' mark for destruction;
(d) Directing the defendants to render a true and faithful account of
the profits earned by it through the sale of the offending educational
service or such other trade or calling bearing the offending trade mark
'GiTEC' or 'Gi TEC Education' and directing payment of such profits to
the plaintiffs for the infringement and passing off committed by the
defendants;
(e) Directing the defendant to pay to the plaintiffs the cost of the
suit.
For Plaintiff : Mr.Perumbulavil Radhakrishnan
- No instructions
For Defendants : Mr.P.V.Balasubramaniam
********
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C.S.No.225 of 2012
JUDGMENT
Mr.Perumbulavil Radhakrishnan, learned counsel appearing for
the plaintiff would submit that the plaintiff has taken back the papers
even during the year 2013-14 along with the consent for change of
vakalat. No new counsel has entered appearance.
2. Hence, the suit is dismissed for non-prosecution. No costs.
Consequently, the connected applications are closed.
09.08.2021
dsa
Index : No
Internet : Yes
Non-Speaking order
List of the witnesses examined on the side of the plaintiff: Nil
List of Exhibits marked on the side of the plaintiff : Nil
List of the witnesses examined on the side of the defendants: Nil
List of Exhibits marked on the side of the defendants: Nil
09.08.2021
dsa
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C.S.No.225 of 2012
R.SUBRAMANIAN, J.
dsa
C.S.No.225 of 2012
09.08.2021
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