Madras High Court
Unknown vs Rohit Marketing on 26 August, 2021
C.S.No.41 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.41 of 2014
and
A.Nos.2239 and 2457 of 2014
M/s.N.RANGA RAO & SONS PRIVATE LIMITED,
PB No.52, Vani Vilas Road,
Mysore:570 004
and also at
25-B, Industrial Estate
Chennai:600 097
Represented by its Director
M.Arjun Ranga
[Amended as per order dated 12.08.2021
in A.No.2715 of 2021] ...Plaintiff
.Vs.
ROHIT MARKETING
Incense & Allied Products,
#380, 1st Cross Road, Robertsonpet,
K.G.F, Karnatak ... Defendant
Plaint filed under Order VII Rule 1 of the Code of Civil Procedure
and under Order IV Rule 1 of the Original Side Rules read with Sections
134 and 135 of the Trade Marks Act, 1999 praying for a judgment and
decree:
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C.S.No.41 of 2014
(a) Granting permanent injunction restraining the defendant by
itself, its servants, agents or any one claiming through it from in any
manner infringing the plaintiff's well known, registered Trademark and
artistic work “CYCLE BRAND Three-in-One” with the device of a cycle
by using the identical and/ or deceptively similar offending Trade Mar
“Tri Cycle 3-in-1” with the device of a Cycle or any other mark or marks
which are in way identical, deceptively similar to or a colourbale
imitation of the plaintiff's registered Trademark and artistic work
'CYCLE BRAND Three-in-One' with the device of a cycle either by
manufacturing or selling or offering for sale or in any manner advertising
the same.
(b) Granting permanent injunction restraining the defendant by
itself, its servant, agents or any one claiming through it from in any
manner passing off of its “Incense Sticks” bearing the offending Trade
Mar “Tri Cycle 3-in-1 with the device of a Cycle” as and for the
plaintiff's celebrated products including “Incense Sticks and Dhoop
Sticks” bearing the plaintiff's registered Trademark and artistic work
'CYCLE BRAND Three-in-One with the device of a cycle' either by
manufacturing or selling or offering for sale or in any manner advertising
the same.
(c) Directing the defendants to surrender to the plaintiff the entire
stock of unused offending labels and cartons bearing the offending Trade
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C.S.No.41 of 2014
Mark “Tri Cycle 3-in-1 with the device of a Cycle” 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 through the sale of its products,
including the products bearing the offending Trade Mark “Tri Cycle 3-in-
1 with the device of a Cycle” and direct payment of such profits to the
plaintiff for the passing off committed by the defendant and
(e) directing the defendant to pay to the plaintiff the cost of the
suit.
For Plaintiff : Mr.S.Diwakar
for Mr.Rajesh Ramanathan
For Defendant : Mr.S.P.Vijayaraghavan
********
JUDGMENT
The Plaintiff, who is the registered Proprietor of the trade mark
“CYCLE BRAND Three-in-One” Agarbathies, with a device of Cycle
seeks injunctive reliefs restraining the defendant from using “Tri Cycle
3-in-1, with a device of Cycle for their Agarbathies and injunction
restraining the defendant from passing off their goods as that of the
plaintiff. The reliefs of accounting and mandatory injunction for
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C.S.No.41 of 2014
surrendering the products with offending marks have also been
sought for.
2. When the suit is taken up for hearing, Mr.S.P.Vijayaraghavan,
learned counsel appearing for defendant had filed a memo stating that
defendant ceased using the trade mark subject to the proceedings even in
the year 2014 and it is also stated that they do not intend using the said
trade mark in future for Agarbathies. The letter written by the defendant
addressed to the counsel has also been produced. In view of the
above there is no prohibition in granting the injunctive reliefs sough for
in the suit.
3. Mr.Diwakar learned counsel for the plaintiff would give up the
prayers (c) and (d) viz., mandatory injunction and accounting.
4. In view of the above, the memo filed by the defendant is
recorded and the suit is decreed only for the reliefs of (a) and (b) alone
and with respect to the reliefs of (c) and (d), the suit is dismissed as not
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C.S.No.41 of 2014
pressed. The parties are directed to bear their own costs. Consequently,
the connected applications are closed.
26.08.2021
dsa
Index : No
Internet : Yes
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 defendant: Nil
List of Exhibits marked on the side of the defendant : Nil
26.08.2021
dsa
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C.S.No.41 of 2014
R.SUBRAMANIAN, J.
dsa
C.S.No.41 of 2014
26.08.2021
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