Madras High Court
Kishore – Sons Detergent (P) Ltd vs Sri Balaji Chemical Works on 24 August, 2021
C.S.No.335 of 2001
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.335 of 2001
Kishore – Sons Detergent (P) Ltd.,
14-6-86, Chudi Bazar,
Hyderabad – 500 012. ...Plaintiff
Vs.
Sri Balaji Chemical Works,
Kurnool – 518 004. ...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 (ETA 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 Plaintiff's or in any manner infringing the plaintiff's registered Trade
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C.S.No.335 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 defendant to pay to the Plaintiff 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
https://www.mhc.tn.gov.in/judis
C.S.No.335 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withdrawn.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 cause of
action in future.
24.08.2021
kkn
Internet:Yes
Index:No
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
https://www.mhc.tn.gov.in/judis
C.S.No.335 of 2001
R.SUBRAMANIAN, J.
KKN
C.S.No.335 of 2001
24.08.2021
https://www.mhc.tn.gov.in/judis
