Madras High Court
Rajalakshmi Match Works vs Satpal Sindhi on 14 June, 2021
CS No.331of 2000
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.331 of 2000
Rajalakshmi Match Works
by its Proprietor
Mr.B.Manikandan,
226, Main Road, Kovilpatti 628 501. ... Plaintiff
Versus
1. Satpal Sindhi,
Prop. Babloo & Company,
Ward No.22, Sindhi Nagar,
Bhilwara, Rajasthan.
2. Mr.Pasumal Narayan Das
M/s. Shiv Match Trading Company,
Wholesale Matcher Merchants,
Main Market, Nasirabad,
Ajmer District, Rajasthan.
3. Prem Prakasa Agrawal
4. Selvaraj
M/s. Prasad Trading Company,
Arunachalam Pettai Street,
Kovilpatti 628 501.
5. Thiagarajan
6. Mukesh Jain ... Defendants
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http://www.judis.nic.in
CS No.331of 2000
Plaint filed under Order IV Rule 1 of the O.S.Rules and Sections 52
& 53 of the Trade Marks and Patent Act read with Order VII Rule 1 of the
Code of Civil Procedure, praying to pass a judgment and decree:-
a) an order of permanent injunction restraining the defendants
or its men, agents, servants or any other person/persons
claiming through or under them from passing off the
defendants inferior products as that of the plaintiff's by
using the TRADE MARK, NAME AND LOGO “RAJHA'S
SHRIFAL” or “SHRIFAL” in respect of safety matches
depicting by one full coconut and one split coconut more
particularly depicted in the schedule herein below,
designed and developed by the plaintiff or any product,
Trade Name or Trade Mark which is deceptively similar
thereto in respect of any and every match box sold by the
defendants and also in any kind of advertisements, bill
boards etc in respect of Matchboxes ;
b) an order of injunction restraining the defendants or its men,
agents, servants or any other person/persons claiming
through or under them from infringing the plaintiff's copy
right in the artistic work of the plaintiff's label on the
plaintiff's match boxes with the TRADE MARK, NAME
AND LOGO “RAJHA's SHRIFAL” or “SHRIFAL”
depicted by one full coconut and one split coconut more
particularly depicted in the schedule herein below,
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CS No.331of 2000
designed and developed by the plaintiff in respect of any
and every match box sold by the defendants and also in any
kind of advertisements, bill boards etc in respect of
Matchboxes;
c) the costs of the suit.
For Plaintiff : Mr.Vikraman
for M/s.B.Ravi Raja
For Defendants : Mr.T.Usha for D3, 5 & 6
JUDGMENT
This matter is taken up for hearing through Video-Conferencing.
Mr.Vikraman representing counsel for Mr.B.Ravi Raja, appearing for
the plaintiff would submit that the Civil Suit has become infructuous and
the same may be dismissed as such.
2. Recording the said statement the Civil Suit is dismissed as having
become infructuous. No costs.
14.06.2021
jv
Index : Yes/ No
Internet : Yes/ No
Speaking Order/ Non-speaking Order
http://www.judis.nic.in
CS No.331of 2000
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.
14.06.2021
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To
The Sub Assistant Registrar
Original Side,
High Court of Madras.
http://www.judis.nic.in
CS No.331of 2000
R.SUBRAMANIAN, J.
jv
C.S.No.331 of 2000
14.06.2021
http://www.judis.nic.in
