Madras High Court
Floor vs M/S.D.M.Cements (P) Ltd on 23 June, 2021
C.S.No.926 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.926 of 2006
M/s.Mysore Cements Ltd.,
st
1 Floor, “Industry House”,
45, Race Course Road,
Bangalore 560 001.
Rep. By its
Company Secretary G.K.Sureka
Working for gain at
No.12, I Main Road,
Kotturpuram, Chennai – 600 085. ...Plaintiff
Vs.
M/s.D.M.Cements (P) Ltd.,
Granthpura,
Hosadurga Taluk,
Chitra Durga (District)
Pin: 572 218
Karnataka
Rep. By its Director. ...Defendant
Prayer: Plaint filed under Order VII Rule 1 of C.P.C., and Order IV Rule 1 of
the Original Side Rules r/w. Section 27, 28, 29, 134, 135 of Trademarks Act,
1999, praying as follows:-
a) a perpetual injunction restraining the defendant by themselves of
their men, servants, agents, distributors, stockists, representatives, assigns,
successors or any of them claiming under them from advertising, selling,
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C.S.No.926 of 2006
distributing, offering for sale cements, packed in bags bearing the trade mark
/ trade name / trading style / house mark “MYSORE CEMENTS” and
trespassing on the rights of the plaintiff or in any other manner whatsoever.
b) a perpetual injunction restraining the defendant by themselves or
their men, servants, agents, distributors, stockists, representatives,
successors in interest or any of them from in any manner committing acts of
passing off by selling distributing, advertising, offering for sale cements,
packed in bags bearing the trade mark / trade name / trading style / house
mark “MYSORE CEMENTS” and / or in any other manner whatsoever.
c) a perpetual injunction restraining the defendant by themselves or
their men, servants, agents, distributors, stockists, representatives,
successors in interest or any of them from in any manner committing acts of
infringement by using, selling distributing, offering for sale cements, packed
in bags bearing the trading style of M/s.D.M.Cements Pvt. Ltd., which is
derived from registered trade mark DIAMOND CEMENT of the plaintiff or
using other mark whatsoever.
d) directing the defendant to render account of profits made by them
by use of the trade name “MYSORE CEMENTS” or any similar mark
thereto and / or by using trading style D.M.Cements Pvt. Ltd., derived from
Diamond trade mark of the plaintiff.
e) the defendant be ordered to surrender to the plaintiff for destruction
all bags, labels, blocks, dyes, prints, packing materials and other materials
bearing the trade mark or house mark “MYSORE CEMENTS” or any mark
similar thereto and forbearing the trade name D.M.Cement Pvt. Ltd., which
is a shortened version of the trade mark of the plaintiff.
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C.S.No.926 of 2006
f) for the cost of the suit.
g) pass such further or other reliefs as this Hon'ble Court may deem fit
and necessary in the circumstances of the case and thus render justice.
For Plaintiff : Mr.N.Shrivatsav for
Mr.S.Balachandran
For Defendant : Mr.T.K.Ramkumar for
M/s. Ram & Rajan Associates
JUDGMENT
Mr.N.Shrivatsav reprsenting Mr.S.Balachandran, learned counsel for
the plaintiff would seek permission to withdraw the suit.
2.Hence, this suit is dismissed as withdrawn. No costs.
23.06.2021
kkn
Internet:Yes
Index:No
Non-Speaking
List of witness and documents filed on the side of the plaintiff:
https://www.mhc.tn.gov.in/judis/
C.S.No.926 of 2006
Nil
List of witness and documents filed on the side of the defendant:
Nil
23.06.2021
kkn
R.SUBRAMANIAN, J.
KKN
https://www.mhc.tn.gov.in/judis/
C.S.No.926 of 2006
C.S.No.926 of 2006
23.06.2021
https://www.mhc.tn.gov.in/judis/
