Madras High Court
S.K.Reddy vs Vishal Enterprises on 22 July, 2021
C.S.No.162 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.162 of 1999
S.K.Reddy ...Plaintiff
.Vs.
Vishal Enterprises
No.67, Maddox Street,
Vepery,
Chennai – 600 007.
[Amended as per order in Appln.No.3330 of 2001 dated 06.11.2001]
... Defendant
Plaint filed under Order VII Rule 1 of the Code of Civil Procedure
read with Order IV Rule 1 of the Original Side Rules and Sections 105
and 106 of the Trade and Merchandise Marks Act, 1958 and under
Section 55 and 62 of the Copyright Act, 1957 praying for a judgment and
decree against the defendant:
a) granting a permanent injunction restraining the defendants
abovenamed by themselves, their servants, agents or anyone claiming
through them from in any manner or anyone claiming through them from
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C.S.No.162 of 1999
in any manner infringing the plaintiff's well established trade mark
CAMPUS by using the offending trade mark CAMPUS in respect of
ready made garments or any other mark or marks which are deceptively
similar to or identical to the plaintiff's well established trade mark
CAMPUS;
b) granting a permanent injunction restraining the defendants
abovenamed by themselves, their servants, agents or anyone claiming
through them from in any manner infringing the plaintiff's well
established copyright over the artistic work CAMPUS by using the
offending artistic work CAMPUS, in respect of ready made garments,
any other work or works which are deceptively similar to or identical to
the plaintiff's copyright over the artistic work CAMPUS;
c) granting a permanent injunction restraining the defendants
abovenamed, their servants, agents or anyone claiming through them
from in any manner passing off of their ready made garments bearing the
offending artistic work and trade mark CAMPUS as and for the
plaintiff's well established ready made garments sold under the artistic
work and the well established trade mark CAMPUS either by selling or
offering for sale or in any manner advertising the same;
d) directing the defendants herein to surrender to the plaintiff the
entire stock of unused offending labels bearing the offending trade mark
and the artistic work CAMPUS along with the blocks and dyes for
destruction;
e) directing the defendants to render a true and faithful account of
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C.S.No.162 of 1999
the profits earned by the defendants through the sale of ready made
garments sold under the offending trade mark and the artistic work and
directing payment of such profits to the plaintiffs for the passing off
committed by the defendants;
f) directing the defendants to pay the costs of the suit.
For Plaintiff : No appearance
For Defendant : Mr.Rahul M.Shankar
********
JUDGMENT
Mr.Rajesh Ramanathan, learned counsel appearing for the plaintiff
would submit that the plaintiff has taken back the papers long ago. No
new counsel has entered appearance.
2. Hence, the suit is dismissed for non-prosecution. No costs.
22.07.2021
dsa
Index : No
Internet : Yes
Non-Speaking order
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C.S.No.162 of 1999
R.SUBRAMANIAN, J.
dsa
List of the witnesses examined on the side of the plaintiff: Nil
List of Exhibits marked on the side of the plaintiff : Nil
List of the witnesses examined on the side of the defendant: Nil
List of Exhibits marked on the side of the defendant: Nil
22.07.2021
dsa
C.S.No.162 of 1999
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