Madras High Court
Murali K.Gwalini vs M/S.Kids Mart (India) Pvt. Ltd on 28 June, 2021
C.S.No.903 of 2000
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.903 of 2000
Murali K.Gwalini,
Proprietor
M/s.New India Sales Corporation
103, Nungambakkam High Road,
Chennai – 600 034. ...Plaintiff
.Vs.
M/s.Kids Mart (India) Pvt. Ltd.,
G.109, Spencer Plaza Phase II
769, Annasalai,
Chennai – 600 002. ... Defendant
Plaint filed under Sections 105 and 106 of Trade and Merchandise
Marks Act, 1958 under Section 55 and 62(2) of the Copy Rights Act,
1957 and Order VII Rule 1 of the Code of Civil Procedure read with
Order IV(1) of the Original Side Rules praying :
a) for a permanent injunction restraining the defendants their men,
agents, servants or anyone claiming through them from in any manner
passing off their business and products as and for that of the plaintiff's
Page No.1/6
https://www.mhc.tn.gov.in/judis/
C.S.No.903 of 2000
trade and business by using the offending trade mark “Just Kidding” and/
or any other mark which is similar or deceptively similar to the plaintiff's
trade mark “Just Born” and/ or “Just Kids” either as a trade mark or
trading style in any of its manufacturing activities price lists, name tags,
calenders, name boards, sign Brands, packing materials or
complimentary items, advertisements in news papers, magazines,
Television, hoarding etc.
b) for a permanent injunction restraining the defendants, their men,
agents, servants, or any one claiming through them from in any manner
infringing the plaintiff's registered copy right and trade mark Just Born
and/or “Just Kids” or with identical, lettering style as adopted by the
plaintiff or by using any other style of writing which may be calculated to
deceive the general public and the trade.
c) for a permanent injunction restraining the defendants, their men,
agents, servants or any one claiming through them from in any manner
passing off the plaintiff's registered Trade mark and Copy right “Just
Born” and/or Just Kids and/or with identical, lettering style as adopted by
the plaintiff or by using any other style of writing which may be
calculated to deceiver the general public and the trade.
d) directing the defendants to render a true and faithful accounts of
the business using the Offending trade mark and directing the defendants
Page No.2/6
https://www.mhc.tn.gov.in/judis/
C.S.No.903 of 2000
to pay the profits made by them to the plaintiff's damages.
e) directing the defendants to pay to the plaintiff a sum of Rs.500
being the liquidated damages to the plaintiff.
f) directing the defendant to surrender all their cartons packing
materials, letter heads, invoices, compliments bearing the offending
Trade Mark Just Born and/or “Just Kids” for destruction and
g) for costs of the suit.
For Plaintiff : No appearance
For Defendants : No appearance
********
JUDGMENT
The suit has been filed by the plaintiff seeking
a) for a permanent injunction restraining the defendants their men,
agents, servants or anyone claiming through them from in any manner
passing off their business and products as and for that of the plaintiff's
trade and business by using the offending trade mark “Just Kidding” and/
or any other mark which is similar or deceptively similar to the plaintiff's
trade mark “Just Born” and/ or “Just Kids” either as a trade mark or
Page No.3/6
https://www.mhc.tn.gov.in/judis/
C.S.No.903 of 2000
trading style in any of its manufacturing activities price lists, name tags,
calenders, name boards, sign Brands, packing materials or
complimentary items, advertisements in news papers, magazines,
Television, hoarding etc.
b) for a permanent injunction restraining the defendants, their men,
agents, servants, or any one claiming through them from in any manner
infringing the plaintiff's registered copy right and trade mark Just Born
and/or “Just Kids” or with identical, lettering style as adopted by the
plaintiff or by using any other style of writing which may be calculated to
deceive the general public and the trade.
c) for a permanent injunction restraining the defendants, their men,
agents, servants or any one claiming through them from in any manner
passing off the plaintiff's registered Trade mark and Copy right “Just
Born” and/or Just Kids and/or with identical, lettering style as adopted by
the plaintiff or by using any other style of writing which may be
calculated to deceiver the general public and the trade.
d) directing the defendants to render a true and faithful accounts of
Page No.4/6
https://www.mhc.tn.gov.in/judis/
C.S.No.903 of 2000
the business using the Offending trade mark and directing the defendants
to pay the profits made by them to the plaintiff's damages.
e) directing the defendants to pay to the plaintiff a sum of Rs.500
being the liquidated damages to the plaintiff.
f) directing the defendant to surrender all their cartons packing
materials, letter heads, invoices, compliments bearing the offending
Trade Mark Just Born and/or “Just Kids” for destruction and
g) for costs of the suit.
2. Since there has been no appearance for the plaintiff on earlier
occasions, viz., 28.04.2021 and 21.06.2021, the suit was directed to be
listed under the caption “for dismissal” today. Even today none appears
for the plaintiff. Hence, the suit is dismissed for non-prosecution. No
costs.
28.06.2021
dsa
Index : No
Internet : Yes
Non-speaking order
R.SUBRAMANIAN, J.
dsa
Page No.5/6
https://www.mhc.tn.gov.in/judis/
C.S.No.903 of 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
28.06.2021
dsa
C.S.No.903 of 2000
Page No.6/6
https://www.mhc.tn.gov.in/judis/
