Madras High Court
M/S.Sri Vani Soap Works vs M/S.Crescent Chemicals on 29 June, 2021
C.S.No.540 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.540 of 1999
M/s.Sri Vani Soap Works
Padutharkollai,
T.R.Pattinam, Kariakal,
Tamil Nadu. ...Plaintiff
Vs.
M/s.Crescent Chemicals,
No.5, Ramasamy Koil West Street,
Kumbakonam,
Tamil Nadu. ...Defendant
Prayer: Plaint filed under Order VII Rule 1 of C.P.C., r/w. Sections 105 and
106 of the Trade & Merchandise Marks Act, 1957 r/w. Sections 55 and 62 of
the Copyrights Act r/w. Order IV Rule 1 of the Madras High Court Original
Side Rules, 1956, praying as follows:-
a) granting a permanent injunction restraining the defendant by itself,
its men, servants, agents or anyone claiming through it, from in any manner
infringing the plaintiff's trade mark 'CHALLENGE' or any other mark, label
or device, which is identical with or similar or deceptively similar to or a
colourable imitation of the plaintiff's trade mark 'CHALLENGE' either as a
trade mark or trading style or in any of its manufacturing activities, price
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C.S.No.540 of 1999
lists, name tags, calendars, name boards, sign boards, packing materials or
complimentary items, advertisement in newspapers, magazines, televisions,
hoardings, etc;
b) granting a permanent injunction restraining the defendant by itself,
or through its men, servants, agents or anyone claiming through it from in
any manner passing of its goods as and for those of the plaintiff's by using
the offending trade mark 'CHALLENGE' or any other work, label or device
which is identical with or in any manner similar or deceptively similar to or
a colourable imitation of the plaintiff's trade mark, either as a trade mark or
trading style in all its manufacturing, marketing and advertising activities;
c) granting a permanent injunction restraining the defendant by itself,
or through its men, servants, agents or anyone claiming through it from in
any manner infringing the plaintiff's copyright in its trade mark
'CHALLENGE' or any other label or artistic work which is similar or
deceptively similar to that of the plaintiff copyrighted label 'CHALLENGE'.
d)directing the defendant to render a true and proper account of the
profits earned by the defendant through the manufacture and sale of its
products by infringing the trade mark 'CHALLENGE' and the copyright in it
and directing the defendant to pay to the plaintiff all such profits;
e)directing the defendant to surrender to the plaintiff the entire stock
of unused offending labels, cartons, boxes and any other printed materials,
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C.S.No.540 of 1999
blocks, advertisement with literatures and any other material containing the
consisting infringement of the trade mark 'CHALLENGE' and the copyright
in it for destruction;
f) directing the defendant to pay to the plaintiff the costs of this suit;
and pass such further or other orders as this Hon'ble Court may deem
fit and proper in the circumstances of this case and thus render justice.
For Plaintiff : No Appearance
For Defendants : No Appearance
JUDGMENT
Even today, there is no representation for the plaintiff. It is seen from
the order dated 09.08.2006 that the defendant has changed its wrapper and
on that ground the injunction granted was vacated.
2.In view of the fact that the defendant has ceased to use the offending
mark, the cause of action for the suit for passing of does not survive.
3.Hence, this suit is dismissed under Rule 3(a) of Order 13(A) of the
C.S.No.540 of 1999
Code of Civil Procedure as amended by the Commercial Courts Act, 2015.
No costs.
29.06.2021
kkn
Internet:Yes/No
Index:Yes/No
Non-Speaking/Speaking
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendant:
Nil
29.06.2021
kkn
R.SUBRAMANIAN, J.
KKN
C.S.No.540 of 1999
C.S.No.540 of 1999
29.06.2021
