Madras High Court
Amrutanjan Limited vs Subaa Laboratories on 27 July, 2021
C.S.No.151 of 2000
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.151 of 2000
Amrutanjan Limited,
42-45, Luz Church Road,
Mylapore,
Chennai – 600 004. ...Plaintiff
Vs.
Subaa Laboratories,
Kancheepuram – 631 501. ...Defendant
Prayer: Plaint filed under Order VII, Rule 1 of C.P.C., r/w. Order IV Rule 1
of the Original Side Rules and Sections 105 & 106 of the Trade &
Merchandise Marks Act, 1958 and Section 62 of the Copyright Act, 1957,
praying as follows:-
a) granting a permanent injunction, restraining the defendants by
themselves, their servants, agents, or anyone claiming through them from
manufacturing, selling and offering for sale the pain balm, using the
offending carton used for selling “ANJANA” pain balm filed as Doc.No.4
(photostate copy of the “Anjana”pain balm carton) in any colour or any
other trade-mark, which is in any way deceptively similar either
phonetically, or visually of the plaintiffs' registered trade-mark as found in
Trade Mark Nos.8906 and 455342 in Class-5;
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C.S.No.151 of 2000
b) granting a permanent injunction restraining the defendants by
themselves, their servants, agents, their printers and distributors by an order
of this Hon'ble Court from committing infringement of the Copyright the
plaintiffs have in their artistic in Doc.No.6 (Copyright Certificate) filed along
with the plaint by distributing, printing on causing to be printed, the
impugned carton of the defendants filed in the plaint as Doc.No.4 or any
other work, which is a colourable imitation of the plaintiff's artistic work
contained in Document No.3 (Plaintiffs' carton) filed along with the plaint;
c) directing the defendants to render a true and faithful accounts of
the profits earned by them through the manufacture and sale of the
impugned trade-mark “ANJANA” pain balm and directing such profits to be
paid to the plaintiffs for the infringement committed by them;
d) directing the defendants to surrender to the plaintiffs all the
cartons, labels and any other printed matters containing or consisting of the
impugned trade-mark together with the blocks used for the purpose of
printing the same for destruction;
e) directing the defendants to pay to the plaintiffs the costs of the
suit, and
f) pass such further or other orders, as this Hon'ble Court may
deem fit and proper in the circumstances of the case and to thus render
justice.
For Plaintiff : Ms.Hemalatha for
Mr.C.Daniel
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C.S.No.151 of 2000
JUDGMENT
Ms.T.Hemalatha representing Mr.C.Daniel would submit that she
has got instructions to withdraw the suit. A memo has also been filed to that
effect.
2.Recording the same, this suit is dismissed as withdrawn. No
costs.
27.07.2021
kkn
Internet:Yes
Index:No
Non-speaking
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendant:
Nil
27.07.2021
kkn
http://www.judis.nic.in
C.S.No.151 of 2000
R.SUBRAMANIAN, J.
KKN
C.S.No.151 of 2000
27.07.2021
http://www.judis.nic.in
