Madras High Court
M/S.Creamline Dairy Products Ltd vs M/S.S.V.Milk Dairy Farm on 18 August, 2021
C.S.No.901 of 2002
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.901 of 2002
and
O.A.Nos.904 to 906 of 2002
M/s.CREAMLINE DAIRY PRODUCTS LTD.,
1-11-252/11/1, Motilal Nagar,
Begumpet, Secunderabad – 500 016,
Rep. by its Director (Southern Operatons)
E.Nageshwar Rao ...Plaintiff
.Vs.
M/s.S.V.MILK DAIRY FARM,
having Marketing Office at
10/958, Pachayappa Street,
Mogappair East,
Chennai – 600 050. ... Defendant
Plaint filed under Order VII Rule 1 of the Code of Civil Proceudre
read with Order IV Rule 1 of the Original Side Rules read with Sections
27, 105 and 106 of Trade and Merchandise Marks Act, 1958 and read
with Section 55 and 62 of Copyright Act, 1957 praying for a judgment
and decree against the defendant granting:
a) permanent injunction restraining the defendant, its men, agents,
servants or any one claiming through him from in any manner infringing
the plaintiff's trade mark JERSEY along with the logo, colour scheme,
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C.S.No.901 of 2002
getup, layout, pattern, design, etc., by using the offending trade mark and
trade mark label 'ABINAYA' along with the identical and similar vertical
and horizontal lines, colour scheme, logo, getup, layout, pattern, design,
etc., or any other trade mark or label or logo which is identical or
deceptively similar to or a colourable imitation of the plaintiff's trade
mark and trade mark label JERSEY;
b) permanent injunction restraining the defendant, its men, agents,
servants or any one claiming through him from in any manner infringing
the plaintiff's copy right vested on the artistic work of the trade mark
JERSEY along with the logo, vertical and horizontal lines, colour scheme,
getup, layout, pattern, design, etc., by using the offending trade mark and
trade mark label 'ABINAYA' along with the identical and similar vertical
and horizontal lines colour scheme, logo, getup, layout, pattern, design,
etc., or any other trade mark or label or logo which is identical or
deceptively similar to or a colourable imitation of the plaintiff's copy right.
c) a permanent injunction restraining the defendant, its men,
agents, servants, or any one claiming through him from in any manner
passing off its goods as that of the plaintiff's by using the offending trade
mark label 'ABINAYA' as and for those of the plaintiff's products or any
other trade mark label or logo which is similar or deceptively similar to
that of the plaintiff's trade mark JERSEY which includes the vertical and
horizontal lines, colour scheme, logo, getup, pattern, design etc., either by
manufacturing or offering for sale or in any manner advertising the same;
d) directing the defendant to surrender to the plaintiff the entire
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stocks, with the infringing trade mark sachets 'ABINAYA' which is
similar and identical to the plaintiff's trade mark label JERSEY which
includes the vertical and horizontal lines, colour scheme, logo, getup,
pattern, design etc. and unused offending trade mark label 'ABINAYA'
together with blocks and dyes for destruction;
d) directing the defendant to render a true and faithful account of
the profits earned by them through the sale of their products bearing the
offending trade mark label 'ABINAYA' which is similar and identical to
plaintiff's trade mark label JERSEY which includes the vertical and
horizontal lines, colour scheme, logo, getup, pattern, design etc. and
directing the payment of such profits to the plaintiff and
e) directing the defendants to pay the costs of the suit to the
plaintiff.
For Plaintiff : Mr.Prasanna Venakt
for Mr.K.Ravindranath
********
JUDGMENT
Mr.Prasanna Venakt, learned counsel representing
Mr.K.Ravindranath for the plaintiff would seek permission to withdraw
the suit.
2. Permission is granted and the suit is dismissed as withdrawn,
liberty is reserved to the plaintiff to sue if there is any subsequent cause of
action. No costs. Consequently, the connected original applications are
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closed.
18.08.2021
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
18.08.2021
dsa
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R.SUBRAMANIAN, J.
dsa
C.S.No.901 of 2002
18.08.2021
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