Madras High Court
B.Vivekananthan vs B.Anandan on 16 June, 2021
C.S.No.646 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.646 of 2014
B.Vivekananthan ...Plaintiff
.Vs.
1.B.Anandan
Trading as Anand's MOONRAKERS RESTAURANT
31/6, Anderson Road,
Nungambakkam,
Chennai – 600 006.
2.B.Anandan
Trading as Anand's Moonrakers
No.46, Othavadai Street, Mamallapuram,
Tamil Nadu-603 104.
... Defendants
Plaint filed under Order VII Rule 1 of the Code of Civil Procedure
read with Order IV Rule 1 of the Original Side Rules of the Madras High
Court, Section 29, 134, 135 of the Trade Marks Act, 1999 praying for:
a) A permanent injunction restraining the defendants, their
directors, employees, officers, servants, agents and all others acting for
and on their behalf from rendering service for providing food and drink;
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C.S.No.646 of 2014
temporary accommodation; restaurant; bar and catering services;
provision for holiday accommodation; booking and reservation services
for restaurants and holiday accommodation and in any other manner,
directly or indirectly, under the mark Anand's MOONRAKERS and/ or
any other mark deceptively similar thereto amounting to infringement of
the plaintiff's registered trademarks MOONRAKERS under registration
numbers 2239422 in Class 43;
b) a permanent injunction restraining the defendants, their
directors, employees, officers, servants, agents and all others acting for
and on their behalf from rendering service for providing food and drink;
temporary accommodation; restaurant; bar and catering services;
provision for holiday accommodation; booking and reservation services
for restaurants and holiday accommodation and in any other manner,
directly or indirectly, under the mark Anand's MOONRAKERS and/ or
any other mark deceptively similar thereto amounting to passing off the
defendant's goods or business or services as those of the plaintiff.
c) to grant order of delivery up of any brochures/ printed material
and/or any material which contributes ultimately to the infringement of
the plaintiff's trademarks;
d) to direct the defendant for rendition of accounts and
e) for costs of this suit.
For Plaintiff : Mr.K.Premchandar
For Defendants : Mrs.C.P.Niveda
for Mr.A.Jenasenan
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C.S.No.646 of 2014
JUDGMENT
The plaintiff has come up with the above suit seeking
a) A permanent injunction restraining the defendants, their
directors, employees, officers, servants, agents and all others acting for
and on their behalf from rendering service for providing food and drink;
temporary accommodation; restaurant; bar and catering services;
provision for holiday accommodation; booking and reservation services
for restaurants and holiday accommodation and in any other manner,
directly or indirectly, under the mark Anand's MOONRAKERS and/ or
any other mark deceptively similar thereto amounting to infringement of
the plaintiff's registered trademarks MOONRAKERS under registration
numbers 2239422 in Class 43;
b) a permanent injunction restraining the defendants, their
directors, employees, officers, servants, agents and all others acting for
and on their behalf from rendering service for providing food and drink;
temporary accommodation; restaurant; bar and catering services;
provision for holiday accommodation; booking and reservation services
for restaurants and holiday accommodation and in any other manner,
directly or indirectly, under the mark Anand's MOONRAKERS and/ or
any other mark deceptively similar thereto amounting to passing off the
defendant's goods or business or services as those of the plaintiff.
c) to grant order of delivery up of any brochures/ printed material
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C.S.No.646 of 2014
and/or any material which contributes ultimately to the infringement of
the plaintiff's trademarks;
d) to direct the defendant for rendition of accounts and
e) for costs of this suit.
2. A joint compromise memo signed by the parties and their
respective counsel has bene filed on 30.04.2021.
3. Considering the current situation, the personal appearance of the
parties is dispensed with. The compromise memo is recorded and there
will be a decree in terms of the compromise. The compromise memo
shall form part of the decree. No costs.
16.06.2021
dsa
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
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C.S.No.646 of 2014
List of the witnesses examined on the side of the defendants: Nil
List of Exhibits marked on the side of the defendants: Nil
16.06.2021
dsa
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C.S.No.646 of 2014
R.SUBRAMANIAN, J.
dsa
C.S.No.646 of 2014
16.06.2021
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