Madras High Court
Amaravathi Restaurants Private ... vs Karaikudi Chettinad Restaurant on 28 June, 2021
C.S.(Com.Div.) No.117 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.06.2021
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.(Com.Div.) No.117 of 2020
Amaravathi Restaurants Private Limited,
No.1, Cathedral Road,
Alwarpet, Chennai-600086
rep.by its Chief Financial Officer,
Mr.D.Rami Reddy .. Plaintiff
/versus/
Karaikudi Chettinad Restaurant,
NH-45, Bypass,
Tindivanam-604001. .. Defendant
This Civil Suit is filed under Order IV Rule 1 Original Side
Rules read with Order VII Rule 1 of CPC Read With Sections 27, 134
and Sections 135 of the Trademarks Act 1999 & Proviso 1 to Section 7
of the Commercial Courts, Commercial Division and Commercial
Appellate Division of High Courts Act, 2015, prayed for (a) Permanent
injunction restraining the defendant, themselves, their partners,
successors-in-business, servants, agents, distributors, dealers, stockists,
wholesalers, retailers, shop keepers, representatives, assigns and all other
persons claiming through them from in any manner using or otherwise
1/4
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.117 of 2020
dealing with the trade mark/trade name KARAIKUDI CHETTINAD
RESTAURANT or any other mark which is almost identical to the
plaintiff's registered trademarks KARAIKUDI amounting to
infringement of the plaintiff's registered trademark KARAIKUDI
CHETTINAD RESTAURANT or in any manner whatsoever;
(b) a permanent injunction restraining the defendant, their
proprietor/partners, men, servants, agents, distributors, stockists,
successors in business, retailers, legal representatives, heirs, assigns or
any other person claiming through or under them, from passing off and
enabling others to pass off defendant's restaurants and business as and for
plaintiff's restaurants and business by use of service mark/trade name
KARAIKUDI CHETTINAD RESTAURANT or in any name/ mark
similar to plaintiff's registered service mark/trade name KARAIKUDI
CHETTINAD RESTAURANT or in any other manner whatsoever;
(c) the defendant be ordered to pay to the plaintiff a sum of
Rs.1,00,000/- as damages for committing infringement of trademarks and
passing off its products as and for the plaintiff's products or services;
(d) the defendant be ordered to surrender to the plaintiff for
destruction, name boards, invoices/bills, prints, dies, blocks, molds and
plates, screen prints, cylinders, packing and advertising material and any
other material in the defendant's possession, which bears the service
mark/trade name KARAIKUDI CHETTINAD RESTAURANT;
2/4
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.117 of 2020
(e) a preliminary decree be passed in favour of the plaintiff
directing the defendant to render account of profits made by use of the
almost identical service mark/ trade name KARAIKUDI CHETTINAD
RESTAURANT amounting to infringement of the plaintiff's registered
trademarks and/or passing off and a final decree be passed in favour of
the plaintiff for the amount of profits thus found to have been made by
the defendant after the latter have rendered accounts;
(f) for entire costs of the suit.
For plaintiff : Mr.Ramkumar for
M/s.Arun C.Mohan
JUDGMENT
The learned counsel for the plaintiff has filed a memo to
withdraw the suit.
2. Recording the same, the civil suit is dismissed as withdrawn.
There shall be no order as to costs.
28.06.2021
Index : yes/no
rpl
https://www.mhc.tn.gov.in/judis/
C.S.(Com.Div.) No.117 of 2020
Dr.G.JAYACHANDRAN,J.
rpl
C.S.(Com.Div.) No.117 of 2020
28.06.2021
https://www.mhc.tn.gov.in/judis/
