Madras High Court
Prestige Housewares (India) Ltd vs Span Electronics on 15 July, 2021
C.S.No.664 of 2000
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.664 of 2000
1.Prestige Housewares (India) Ltd.,
78, Old Madras Road,
Dooravani Nagar,
Bangalore – 560 016.
represented by its duly constituted Attorney,
Shri.S.Kumar
2.TTK Prestige Ltd.,
78, Old Madras Road,
Dooravani Nagar,
Bangalore – 560 016.
represented by its duly constituted Attorney,
Shri.S.Kumar ...Plaintiffs
Vs.
SPAN ELECTRONICS,
M.G.Road,
Goregaon West (West),
Mumbai – 600 090. ...Defendant
Prayer: Plaint filed under Order IV Rule 1 of the Original Side rules r/w.
Sections 51, 55 & 62 of the Copyright Act, 1957 & Sections, 28, 29, 105 &
106 of the Trade and Merchandise Marks Act, 1958, praying as follows:-
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C.S.No.664 of 2000
a) granting a perpetual order and injunction restraining the
defendant by itself / its partners, servants, agents, distributors, stockists,
clearing and forwarding agents or any of them from in any manner
infringing the Plaintiffs' Copyright in the artistic work PRESTIGE
SUPREME or any work which is a colourable imitation of the plaintiff's
artistic work PRESTIGE SUPREME or in any manner whatsoever.
b) granting a perpetual order and injunction restraining the
defendant by itself / its partners, servants, agents, distributors, stockists,
clearing and forwarding agents or any of them from in any manner
infringing the plaintiffs' trade mark PRESTIGE SUPREME or any mark
deceptively similar thereto or in any manner whatsoever.
c)granting a perpetual order and injunction restraining the
defendant by itself/its partners, servants, agents, distributors, stockists,
clearing and forwarding agents or any of them from in any manner passing
off the defendants spurious gaskets as and for the plaintiffs goods by
representation of the plaintiff's trade mark and artistic work PRESTIGE
SUPREME or any mark similar thereto on the defendant's goods or
packaging.
d) a preliminary decree be passed in favour of the plaintiffs,
directing the defendant to render account of profits made by representation
of PRESTIGE SUPREME on the product and / or packaging and a final
decree be passed in favour of the plaintiffs for the amount of profits thus
found to have been made by the defendant, after the latter has rendered
accounts.
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C.S.No.664 of 2000
e)the defendant be ordered to surrender to the plaintiffs for
destruction, of all goods, cartons, labels, blocks, dies, screen prints,
pamphlets, brochures and other material bearing the Trade Mark and artistic
work PRESTIGE or any mark and / or artistic work similar to or which is
substantial reproduction of the plaintiffs trade mark and artistic work
PRESTIGE.
f)the defendant be ordered and decreed to pay to the plaintiffs a
sum of Rs.1,000/- as damages for his wrongful and illegal activities and for
the use of Trade Mark and artistic work PRESTIGE.
g) for costs of the suits and
h) for such further and other orders as this Hon'ble Court may
deem fit and proper under the facts and circumstances of the case.
For Plaintiffs : Mr.K.Harish
For Defendant : No Appearance
JUDGMENT
Mr.K.Harish, learned counsel appearing for the plaintiff would
submit that he has got instructions to withdraw the suit.
2.Recording the said statement, this suit is dismissed as
withdrawn. No costs.
15.07.2021
kkn
Internet:Yes/No
https://www.mhc.tn.gov.in/judis/
C.S.No.664 of 2000
List of witness and documents filed on the side of the plaintiffs:
Nil
List of witness and documents filed on the side of the defendant:
Nil
15.07.2021
kkn
https://www.mhc.tn.gov.in/judis/
C.S.No.664 of 2000
R.SUBRAMANIAN, J.
KKN
C.S.No.664 of 2000
15.07.2021
https://www.mhc.tn.gov.in/judis/
