Madras High Court
R.Balasubramanian vs Shanthi Hosiery on 8 July, 2021
C.S.No.715 of 1998
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.715 of 1998
R.Balasubramanian ...Plaintiff
.Vs.
1.Shanthi Hosiery,
14, Nithyadhan Mukerjee Road,
Howrah – 711 101.
2.Sankaar,
3.My Choice,
14, Nityadhan Mukherjee Road,
(5th Floor), Samabaika Hat,
Howrah – 711 101.
4.R.R.Roy
5.R.K.Traders,
14, Nityadhan Mukherjee Road,
(5th Floor), Howrah - 711 101.
6.Ashok Kumar Daga,
14, Nityadhan Mukherjee Road,
(5th Floor), Howrah - 711 101.
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C.S.No.715 of 1998
7.Sunita Hosiery,
13, Nityadhan Mukherjee Road,
(4th Floor), Howrah - 711 101.
8.S.R.S.Biswajit Saha
9.Prodip Chandraroy Nihar Ranjan Roy
10.S.R.S. & Sons,
14, Nityadhan Mukherjee Road,
Samabiyaka Hat (4th Floor)
Howrah – 711 101.
11.K.C.Jain
12.Balaji
13.D.Banik ... Defendants
Plaint filed under Order VII Rule 1 of Civil Procedure Code and
under Sections 105 and 106 of the Trade and Merchandise Marks Act,
1958 and Sections 55 and 62 of the Copyright Act, 1957 praying for a
judgment and decree :
a) granting permanent injunction restraining the defendants
themselves, their servants or agents or anyone claiming through them
from in any manner infringing the plaintiff's well established trade mark
M-K-M GARRY AMERICAN CASUALS by suing the offending trade
mark M-K-M GARRY AMERICAN CASUALS or any other mark or
marks which are deceptively similar to or a colourable imitation of the
plaintiff's well established trade mark M-K-M GARRY AMERICAN
CASUALS;
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C.S.No.715 of 1998
b) granting permanent injunction restraining the defendants by
themselves, their servants or agents or anyone claiming through them
from in any manner infringing the plaintiff's copyright over the aritstic
work M-K-M GARRY AMERICAN CASUALS by using the offending
artistic work “M-K-M GARRY AMERICAN CASUALS” or any other
work or works which are deceptively similar to or a colourable imitation
of the plaintiff's copyright over the artistic work M-K-M GARRY
AMERICAN CASUALS;
c) granting permanent injunction restraining the defendants
themselves, their servants or agents or anyone claiming through them
from in any manner passing off of their hosiery products including
T.Shirts bearing the offending trade mark and artistic work M-K-M
GARRY AMERICAN CASUALS as and for the plaintiffs' hosiery
products including T.shirts bearing the well established trade mark and
copyright over the artistic work M-K-M GARRY AMERICAN
CASUALS, either by selling or offering for sale or in any manner
advertising the same;
d) directing the defendants to render true and faithful accounts of
the profits earned by them by using the offending trade mark and artistic
work M-K-M GARRY AMERICAN CASUALS and directing the
payment of such profits to the plaintiffs by way of damages and
e) directing the defendants to surrender to the plaintiffs the entire
stock of unused hosiery products including T.shirts bearing the offending
“M-K-M GARRY AMERICAN CASUALS” trade mark label together
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C.S.No.715 of 1998
with the blocks and dyes for destruction and
f) for costs of the suit.
For Plaintiff : No appearance
For Defendant : No appearance
********
JUDGMENT
The suit has been filed by the plaintiff for a decree and judgment:
a) granting permanent injunction restraining the defendants
themselves, their servants or agents or anyone claiming through them
from in any manner infringing the plaintiff's well established trade mark
M-K-M GARRY AMERICAN CASUALS by suing the offending trade
mark M-K-M GARRY AMERICAN CASUALS or any other mark or
marks which are deceptively similar to or a colourable imitation of the
plaintiff's well established trade mark M-K-M GARRY AMERICAN
CASUALS;
b) granting permanent injunction restraining the defendants by
themselves, their servants or agents or anyone claiming through them
from in any manner infringing the plaintiff's copyright over the aritstic
work M-K-M GARRY AMERICAN CASUALS by using the offending
artistic work “M-K-M GARRY AMERICAN CASUALS” or any other
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C.S.No.715 of 1998
work or works which are deceptively similar to or a colourable imitation
of the plaintiff's copyright over the artistic work M-K-M GARRY
AMERICAN CASUALS;
c) granting permanent injunction restraining the defendants
themselves, their servants or agents or anyone claiming through them
from in any manner passing off of their hosiery products including
T.Shirts bearing the offending trade mark and artistic work M-K-M
GARRY AMERICAN CASUALS as and for the plaintiffs' hosiery
products including T.shirts bearing the well established trade mark and
copyright over the artistic work M-K-M GARRY AMERICAN
CASUALS, either by selling or offering for sale or in any manner
advertising the same;
d) directing the defendants to render true and faithful accounts of
the profits earned by them by using the offending trade mark and artistic
work M-K-M GARRY AMERICAN CASUALS and directing the
payment of such profits to the plaintiffs by way of damages and
e) directing the defendants to surrender to the plaintiffs the entire
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C.S.No.715 of 1998
stock of unused hosiery products including T.shirts bearing the offending
“M-K-M GARRY AMERICAN CASUALS” trade mark label together
with the blocks and dyes for destruction and
f) for costs of the suit.
2. Since the lead counsel for the plaintiff is no more and the other
counsel was serving the on the bench of the Intellectual Property
Appellate Board, I had by order dated 28.04.2021 directed notice to be
issued to the plaintiff. Accordingly a notice is issued and the same was
served on the plaintiff on 05.06.2021. Despite such service the plaintiff
has not chosen to enter appearance to prosecute the suit.
3. The suit is therefore dismissed for non-prosecution. No costs.
08.07.2021
dsa
Index : No
Internet : Yes
Non-Speaking order
List of the witnesses examined on the side of the plaintiff: Nil
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C.S.No.715 of 1998
List of Exhibits marked on the side of the plaintiff : Nil
List of the witnesses examined on the side of the defendants: Nil
List of Exhibits marked on the side of the defendants: Nil
08.07.2021
dsa
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C.S.No.715 of 1998
R.SUBRAMANIAN, J.
dsa
C.S.No.715 of 1998
08.07.2021
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