Kishore – Sons Detergent (P) Ltd vs J.J.Chemical Industries
2021 Latest Caselaw 17328 Mad

                                                                                   C.S.No.338 of 2001

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 24.08.2021
                                                       CORAM:
                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                  C.S.No.338 of 2001

                      Kishore – Sons Detergent (P) Ltd.,
                      14-6-86, Chudi Bazar,
                      Hyderabad – 500 012.                                              ...Plaintiff

                                                           Vs.

                      J.J.Chemical Industries,
                      Kurnool – 518 003.                                             ...Defendant

                      Prayer: Plaint filed under Order VII, Rule 1 of C.P.C., r/w. Order IV Rule 1
                      of the High Court original side rules r/w. Sections 105 & 106 of the Trade
                      and Merchandise Marks Act, 1958, praying as follows:-
                                a) granting a permanent injunction restraining the defendant by
                      themselves, their servants, agents or anyone claiming through them from
                      manufacturing and selling and offering for sale using the offending
                      trademark as found in Document No.3 (ETO wrapper) in any colour or any
                      other Trade Mark which is in any way deceptively / phonetically similar to
                      or a colourable imitation of the trademark found in Plaintiffs registered
                      Trade Mark No.474088 filed as Document No.2 herein or infringing any of
                      the essential feature of the trademark found in the registered trademark of
                      the Plaintiffs or in any manner infringing the plaintiffs registered Trade


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                                                                                      C.S.No.338 of 2001

                      Mark No.474088 in class 3 for detergent cake.
                                b) directing the defendant to render a true and faithful accounts of
                      the profits earned by them through the manufacture and sale of the
                      offending trademark Document No.3 and directing such profits to be paid to
                      the Plaintiffs by way of damages for the infringement and passing off
                      committed by the Defendant.
                                c) directing the defendant to surrender to the Plaintiffs all the
                      cartons, labels and any other printed matters containing of the trademark
                      Document No.3 together with blocks used for the purpose of printing the
                      same for destruction.
                                d) directing the defendants to pay to the Plaintiffs the costs of the
                      suit.


                                For Plaintiff       : Ms.C.Daniel & Gladys Daniel
                                For Defendant       : Mr.M.Arunkumar for M/s.Sampathkumar &
                                                                                          Associates




                                                      JUDGMENT

Mrs.Gladys Daniel, learned counsel appearing for the plaintiff

would submit that she has got instructions not to prosecute the suit further

as the defendant has stopped using the infringing trademark

http://www.judis.nic.in C.S.No.338 of 2001

2.The said statement is recorded and this suit is dismissed as

withdrawn. No costs. Liberty is preserved to sue, if there is a caution of

action in future.

24.08.2021 kkn

Internet:Yes/No Index:Yes/No Speaking/Non-speaking

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

24.08.2021 kkn

http://www.judis.nic.in C.S.No.338 of 2001

R.SUBRAMANIAN, J.

KKN

C.S.No.338 of 2001

24.08.2021

http://www.judis.nic.in