Madras High Court
S.Gopi vs P.Deeba Lakshmi on 28 July, 2021
C.S.No.141 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.141 of 2015
S.Gopi,
Proprietor, M/s.Bangalore Prasanna Perfumes,
34, Boologanathar Koil Street,
Tiruchi – 620 008,
having his Branch at
No.31, Subba Reddy Street,
West Mambalam, Chennai – 600 033. ...Plaintiff
Vs.
1.P.Deeba Lakshmi
Proprietrix,
M/s.Apoorva Aromatics,
5/478, Muthamilpuram Colony,
Sivakasi – 626 189.
2.T.Subramaniyan,
Proprietor,
M/s.Meera Perfumery Product,
3/634, Muthamilpuram Colony,
Sivakasi – 626 189. ...Defendants
Prayer: Plaint filed under Order IV Rule 1 of the Original Side Rules and
Order VII, Rule 1 of the C.P.C., r/w. Sections 134 & 135 of the Trade Marks
Act, 1999 & under Sections. 55, 56 & 62 of the Copyright Act, 1957,
praying as follows:-
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C.S.No.141 of 2015
a) granting a permanent injunction restraining the defendants,
their men, servants or agents or anyone claiming through them from in any
manner infringing the plaintiff's registered trade mark “GAYATHRI”
together with the device of “Goddess Gayathri” by using the offending trade
mark “Apoorva Sri Gayathri” together with the device of “Goddess
Gayathri” or any other mark or marks which are identical and similar to or a
colourable imitation of the plaintiff's registered trade mark “GAYATHRI”
together with the device of “Goddess Gayathri”;
b) granting a permanent injunction restraining the defendants,
their men, servants or agents or anyone claiming through them from in any
manner infringing the plaintiff's copyrighted artistic work “GAYATHRI”
together with the device of “Goddess Gayathri” by using the offending
artistic work “Apoorva Sri Gayathri” together with the device of “Goddess
Gayathri” or any other work or works which are identical and similar to or a
colourable imitation of the plaintiff's registered copyrighted artistic work
“GAYATHRI” together with the device of “Goddess Gayathri”;
c) granting a permanent injunction restraining the defendants,
their men, servants, agents or anyone claiming through them from in any
manner passing off of their sambrani stems and other products bearing the
offending artistic work and trade mark “Apoorva Sri Gayathri” together with
the device of “Goddess Gayathri” as and for the celebrated sambrani sticks
and other products of the plaintiff bearing the copyrighted artistic work and
registered trade mark “GAYATHRI” together with the device of “Goddess
Gayathri” either by manufacturing or selling or offering for sale or in any
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C.S.No.141 of 2015
manner advertising the same;
d) directing the defendants to surrender the entire stock of unused
offending trade mark labels, bill books, etc. bearing the offending trade mark
“Apoorva Sri Gayathri” together with the device of Goddess GAYATHRI,
together with blocks and dyes for destruction.
e) directing the defendants to render a true and faithful accounts of
the profits earned by the defendants through the sale of sambrani stems and
other products sold under the offending trade mark “Apoorva Sri Gayathri”
together with the device of “Goddess Gayathri” and directing payment of
such profits to the plaintiff for the passing off committed by the defendants.
f) directing the defendants to pay to the plaintiff the cost of the
suit; and
g) pass such further or orders as may be deemed fit and proper in
the circumstances of the case and thus render justice.
For Plaintiff : Mr.P.V.Rajeswari
For Defendants : Mr.S.Mohan for D1
JUDGMENT
A memorandum of compromise signed by the plaintiff, first
defendant and their respective counsel has been filed. The plaintiff has given
up the relief against the 2nd defendant.
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C.S.No.141 of 2015
2.The said memorandum of compromise is recorded and this suit
is decreed in terms of compromise. The memorandum of compromise shall
form part of the decree. Parties shall bear their own costs.
28.07.2021
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 defendants:
Nil
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C.S.No.141 of 2015
R.SUBRAMANIAN, J.
KKN
C.S.No.141 of 2015
28.07.2021
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