Madras High Court
M/S.Saasboomi Foundation vs Dell International Services ... on 27 July, 2021
C.S.(Com.Div.) No.406 of 2020
and O.A.No.756 of 2020 & A.Nos.1338 & 1339 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.07.2021
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.(Com.Div.) No.406 of 2020
and O.A.No.756 of 2020
and A.Nos.1338 & 1339 of 2021
M/s.Saasboomi Foundation,
No.164 B-13 Arun Flat,
Lake View Road West Mambalam,
Chennai – 600 033. .. Plaintiff
/versus/
Dell International Services Private Limited,
Divyasree Greens, Ground Floor,
No.12/1, Ghallaghatta Village, Varthur Hobli,
Bangalore-560071 .. Defendant
This Civil Suit is filed under Order IV Rule 1 Original Side
Rules read with Order VII Rule 1 of CPC Read With Section 142 of the
Trademarks Act, 1999, R/W Section 2(i)(c) XVII R/W 1st Proviso of
Section 7 of the Commercial Courts, Commercial Division and
Commercial Appellate Division of High Courts Act, 2015, prayed for (a)
Declaring that the threats held out by the Defendant via legal notice
dated 07.02.2020 that the plaintiff is infringing the Defendant's
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https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.406 of 2020
and O.A.No.756 of 2020 & A.Nos.1338 & 1339 of 2021
Trademark 'DELL BHOOMI' having registration numbers 3872315 abd
3871216 and the Defendant's proposal to take infringement action
against the Plaintiff are unjustified;
(b) Declaring that the Plaintiff's trade name 'SAASBHOOMI'
does not infringe the Defendant's Trademark 'DELL BHOOMI' having
registration numbers 3872315 and 3872316;
(c) Granting a permanent injunction restraining the Defendant
by themselves or through their agents, servants, licensees, employees and
distributors and anyone claiming through them and / or all those in active
concert and participation with them from continuing the issuance of
threat, that the, Plaintiff is infringing the Defendant's trademark 'DELL
BHOOMI' having registration numbers 3872315 and 3872316 and / or
the Defendant is contemplating infringement action or the threats of like
nature against the Plaintiff;
(d) For an order of costs of the Suit in favour of the Plaintiff;
For plaintiff : Mr.K.Harishankar
For Defendant : Mr.Diwakar
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https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.406 of 2020
and O.A.No.756 of 2020 & A.Nos.1338 & 1339 of 2021
JUDGMENT
The suit is filed for groundless threat. After the appearance of
the defendant, the plaintiff seeks leave of this Court to withdraw the
present suit with liberty to file fresh suit against the appropriate entity
which has caused the cease and deceit notice.
2. Considering the request, this Court permits the plaintiff to
withdraw the suit with liberty as sought for. Accordingly, the Suit is
dismissed as withdrawn. Consequently, all other connected applications
are closed. There shall be no order as to costs.
27.07.2021
Speaking Order / Non-Speaking Order
Index : yes/no
rpl
DR.G.JAYACHANDRAN,J.
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.406 of 2020
and O.A.No.756 of 2020 & A.Nos.1338 & 1339 of 2021
rpl
C.S.(Com.Div.) No.406 of 2020
and O.A.No.756 of 2020
and A.Nos.1338 & 1339 of 2021
27.07.2021
https://www.mhc.tn.gov.in/judis/
