N.Sivakumar vs M/S.Siva Agencies
2021 Latest Caselaw 24537 Mad

                                                                                   C.S.No.39 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      Dated : 13.12.2021

                                                           Coram:

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                      C.S.No.39 of 2018
                                                        (Comm. Suit)
                                                             and
                                                      A.No.3433 of 2021

                     N.Sivakumar
                     Sole proprietor of
                     M/s.Siva Agencies
                     No.R-92/4B, North Avenue,
                     Muthamizh Nagar
                     Chennai-600 118.                                              .. Plaintiff


                                                           /versus/

                     M/s.Siva Agencies
                     No.16/33, Patavattamma
                     Kosapettai,
                     Purasaiwalkam,
                     Chennai-600 012.                                             ..Defendant


                     Prayer:
                                  Civil Suit has been filed under Order VII Rule 1 of CPC read with
                     Order IV Rule 1 of O.S.Rules and Section 134 & 135 of Trademarks Act,
                     1999, praying to pass a judgment and decree for:-


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https://www.mhc.tn.gov.in/judis
                                                                                            C.S.No.39 of 2018


                                  (a) Restraining the defendant, his men and agents from in any
                     manner using the trademark "SIVA AGENCIES" or in any other identical
                     or deceptively similar mark in connection with his business and services
                     of wholesale, retail marketing and distribution services connected with the
                     sale of cosmetics, fmcg products,                      otc products,     medical and
                     pharmaceutical preparations either as a trademark or as a trading style
                     and other related articles under class 35 of Trademarks Act 1999 by
                     means of permanent injunction;
                                  (b) Directing the defendant his men and agents to surrender to
                     plaintiff all the printed material, name boards with the offensive
                     trademark "SIVA AGENCIES" in connection with the business and
                     service of wholesale, retail marketing and distribution services connected
                     with the sale of cosmetics, fmcg products, otc products, medical and
                     pharmaceutical preparations for destruction;
                                  (c) Damages for profit gained by deceiving public in name of
                     plaintiffs mark;
                                  (d) Directing the defendant to pay costs for the suit filed;
                                  (e) Granting such other further relief thereof;


                                               For Plaintiff :     Ms.C.Rekha Kumari
                                               For Respondent      :         M/s.M.Madhu Prakash
                                                                   ------




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                                                                                    C.S.No.39 of 2018

                                                      JUDGMENT

The learned counsel appearing for the plaintiff seeks permission of

this Court to withdraw this suit. She has also made an endorsement to

that effect.

2. In view of the above submission and endorsement made by the

learned counsel for the plaintiff, this Civil Suit is dismissed as withdrawn.

There shall be no order as to costs. Consequently, connected application

is closed.

13.12.2021

Index:yes/no Speaking/Non-speaking

mk

To

The Sub Assistant Registrar, Original Side Section, High Court, Madras.

N.ANAND VENKATESH. J.,

https://www.mhc.tn.gov.in/judis C.S.No.39 of 2018

mk

C.S.No.39 of 2018 (Comm. Suit)

13.12.2021

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