Madras High Court
Minbimbangal Productions (P) Ltd vs Harshini Movies on 10 February, 2021
C.S.No.449 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2021
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No.449 of 2016
1.MINBIMBANGAL PRODUCTIONS (P) LTD
A Company rep by its Director,
Mrs.Geetha Kailasam,
having office at
No.2-A, Vinayaka Apartments,
34-36, Bhaktavatsalam Salai,
Mylapore, Chennai 600 004.
2.E9 INTRAKT
A partnership Firm,
Rep. herein by its partner,
Mrs.Geetha Kailasam,
having office at
No.2-A, Vinayaka Apartments,
34-36, Bhaktavatsalam Salai,
Mylapore, Chennai 600 004. ... Plaintiffs
..Vs..
HARSHINI MOVIES
Rep. by Mr.Murugan,
136, Arcot Road,
Shyamala Garden,
Saligramam, Chennai 600 093. ... Defendant
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https://www.mhc.tn.gov.in/judis/
C.S.No.449 of 2016
PRAYER : Plaint filed under and Order IV Rule 1 of the Madras High
Court Original Side Rules read with Order VII Rule 1 of the Code of Civil
Procedure, 1908 and read with Sections 134 and 135 of Trademarks Act,
1999 and Sections 55 and 62 of Copyright Act, 1957 prayed for a Judgment
and Decree:-
(a) For permanent injunction restraining the Defendant, their men,
agents, servants, associates, representatives, or anybody claiming under it
from using the title "Vidathu Karuppu" or any title that may be deceptively
similar to Plaintiff's title / trademark "Vidathu Karuppu" for its full length
motion picture.
(b) For order of costs of the suit.
For Plaintiffs : Ms.Maithreyi
*******
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https://www.mhc.tn.gov.in/judis/
C.S.No.449 of 2016
JUDGMENT
A Memo had been filed on behalf of the plaintiff which has been
signed by the learned counsel. It is dated 02.02.2021. The memo is
extracted below:
"The plaintiffs above named respectfully submits
as follows:
1. The above suit has filed suit under Section
134 and 135 of the Trademarks Act, 1999 and Section 55
and 62 of the Copyright Act, 1957 and Order IV Rule 1 of
Original Side Rules read with Order VII Rule 1 CPC
praying for permanent injunction restraining the
defendant, their men, agents, servants, associates,
representatives, or anybody claiming under it from using
the title "Vidathu Karuppu" or any title that may be
deceptively similar to Plaintiff's title / trademark "Vidathu
Karuppu".
2. This Hon'ble Court was pleased to grant an
order of interim injunction in application O.A.No.572 of
2016 on 20.07.2016 and the same was subsequently made
absolute on 18.08.2016.
3. The plaintiffs submit that the plaintiff has
served the Defendant vide Notice dated 20.07.2016 and
the same was delivered on the Defendants on 26.07.2016
and Proof of Service was filed on 08.08.2016.
4. As subsequent development, it was
ascertained that the Defendant has changed the name of
the Defendant's film to 'Shenbaga Kottai'.
https://www.mhc.tn.gov.in/judis/
C.S.No.449 of 2016
C.V.KARTHIKEYAN, J
rna
5. The plaintiffs hence are pleased to file this
memo before this Hon'ble Court as nothing further
subsists, and the suit is therefore not being pressed.
In light of the same it is prayed that this Hon'ble
Court be pleased to record the aforesaid developments
and pass such further or other orders as this deems fit
and proper in the interest of justice.
Dated at Chennai on this the 02nd day of
February 2021.
sd/---,
Counsel for Plaintiffs."
2. In view of the memo, the suit is dismissed as not prosecuted.
No order as to costs.
10.02.2021
Index : Yes / No
Web : Yes / No
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C.S.No.449 of 2016
https://www.mhc.tn.gov.in/judis/
