Mrf Limited vs Mr.Sanjay Dutta
2021 Latest Caselaw 24069 Mad

                                                                                      C.S.628 of 2000

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated :07.12.2021

                                                           Coram:

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                  Civil Suit No.628 of 2000

                     MRF Limited,
                     124, Greams Road,
                     Chennai-600 006                                               .. Plaintiff

                                                           /versus/

                     Mr.Sanjay Dutta,
                     1/1A, Gobinda Sarkar Lane,
                     Calcutta-700 012.                                            ..Defendant


                     Prayer: Civil Suit has been filed under Section 151 C.P.C. and Order
                     VII, Rule 1 of the C.P.C. Read with Order IV, Rule 1 of the Original Side
                     Rules and Sections 27 & 105 of the Trade and Merchandise Marks Act,
                     1958, praying to pass a judgment and decree for:-

                                  (a) Granting a permanent injunction restraining the defendant and
                     his dealers, agents, representatives or any one claiming through him,
                     from manufacturing, selling, advertising or offering or sale, batteries and
                     other goods using the trade mark ZIGMA or any other trademark which
                     is identical or deceptively similar to the plaintiff's trade mark ZIGMA
                     and passing off or enabling others to pass off the business and goods of
                     the defendant as and for those of the plaintiff.

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https://www.mhc.tn.gov.in/judis
                                                                                          C.S.628 of 2000

                                  (b) For mandatory injunction directing the defendant to surrender
                     to the plaintiff, for destruction, all his batteries, cartons, packages and
                     other goods, sales promotion and advertising material packaging,
                     stationery and all other materials/objects containing/ bearing the trade
                     mark ZIGMA.
                                  (c) For a preliminary decree in favour of the plaintiff directing the
                     defendant to render an account of the profits made by him by the use of
                     the trademark ZIGMA on batteries or an any of his goods and a final
                     decree in favour of the plaintiff for the amount of the profit found to have
                     been made by the defendant after the defendant has rendered accounts.
                                  (d) Directing the defendant to pay to the plaintiff the costs of the
                     suit and
                                  (e) for such further or other order that this Hon'ble Court may deem
                     fit and proper in the circumstances of the case.


                                               For Plaintiff            :Mr.Madhan Babu
                                               For Defendant            :No Appearance
                                                               ------
                                                           JUDGMENT

The learned counsel for the plaintiff on instructions

submitted that the defendant is no longer carrying on with the business or

is using the trademark of the plaintiff.

2. The learned counsel therefore submitted that this statement can

https://www.mhc.tn.gov.in/judis C.S.628 of 2000

be recorded by granting liberty to the plaintiff to approach this Court if

any cause of action arises in future.

3. This Civil Suit is disposed of in terms of the submission made

by the learned counsel for the plaintiff. There shall be no order as to

costs. Consequently, connected applications are closed, if any.

07.12.2021

Index:yes/no nsa/rka

https://www.mhc.tn.gov.in/judis C.S.628 of 2000

N.ANAND VENKATESH. J., nsa/rka

C.S.No.628 of 2000

07.12.2021

https://www.mhc.tn.gov.in/judis