Madras High Court
V.Gunasekar vs B.Gopi on 27 July, 2021
CS No.1017 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.1017 of 2005
V.Gunasekar, Proprietor,
M/s. Krishna Sanitaryware,
No.3/9, Sri Devi Apartments,
Lakshmikanthan Street, T.Nagar,
Chennai 600 017. ... Plaintiff
Versus
1. B.Gopi
2. Veerappan ... Defendants
Plaint filed under Order IV Rule 1 of the Original Side Rules read
with Order VII Rule 1 of C.P.C. Sections 22 of the Designs Act, 2000 and
Section 134 & 135 of the Trade Marks Act 1999 and Section 55 & 62 of
the Copy Rights Act 1957, praying to pass a judgment and decree:-
a) Granting Permanent Injunction restraining the defendants
from infringing copyright in the registered design of the
plaintiff under design registration No.186171;
b) Granting Permanent injunction restraining the defendants
from using the offending trade mark VLS for the polymer
coated wash basin bracket which is similar and identical to
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CS No.1017 of 2005
the trade mar VGS of the plaintiff;
c) Granting permanent injunction restraining the defendants
from infringing the copyright in the carton for marketing
the polymer coated wash basin bracket of the plaintiff by
using an identical carton as that of the plaintiff;
d) Granting permanent injunction restraining the defendants
from passing off the wash basin bracket as and for those of
the plaintiff;
e) directing the defendants to render a true and faithful
account of the profits earned by them through the sale of
polymer coated wash basin bracket and directing the
payment of such profits to the plaintiff by way of damages
committed by the defendants.
f) Directing the defendants to surrender to the plaintiff the
entire stock of polymer coated wash basin bracket with the
Trade Mark VLS together with cartons printing blocks,
containers, boxes etc. bearing the offending for destruction;
g) directing the defendants to pay to the plaintiff the costs of
the suit.
For Plaintiff : Mr.Prassanna Venkat
For Defendants : Mr. Anil Kumar, for D1
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CS No.1017 of 2005
JUDGMENT
Mr.Prassanna Venkat, learned counsel appearing for the plaintiff
would submit that his attempts to contact the plaintiff have failed. He
would also submit that it appears that the plaintiff is not carrying on
business in the said address. Recording the said statement, the suit is
dismissed for non-prosecution. Leaving it open to the plaintiff to seek
restoration, if necessary. No costs.
27.07.2021
jv
Index : No
Internet : Yes
Non-speaking Order
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 defendants: Nil.
List of Exhibits marked on the side of the defendants: Nil.
27.07.2021
jv
https://www.mhc.tn.gov.in/judis/
CS No.1017 of 2005
R.SUBRAMANIAN, J.
jv
To
The Sub Assistant Registrar
Original Side,
High Court of Madras.
C.S.No.1017 of 2005
27.07.2021
https://www.mhc.tn.gov.in/judis/
