Madras High Court
Austin Reed Limited vs Suntex Garments on 9 March, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.03.2021
CORAM :
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No. 181 of 2003
AUSTIN REED LIMITED,
Station Road,
THIRSK, North Yorkshire,
Y 07, 1 QH, England. ... Plaintiff
Vs.
1. SUNTEX GARMENTS,
14, NITHY ADHAN MUKHERJEE ROAD,
HOWRAH 711 101,
Represented by its Partner Ram Chander Tiwari.
2. RAM CHANDER TIWARI,
3. RAJESH TIWARI
4. SANJAY TIWARI,
D2 to D4 carrying on business at
No.14, Nityadhan Mukherjee Road,
Howrah - 711 101. ... Defendants
Prayer:
Civil Suit is filed under Sections 27, 105 and 106 of the Trade and
Merchandise Marks Act, 1958, (a) for permanent injunction restraining the
defendants, their servants, agents, dealers, stockists, representatives or
anyone claiming through them from manufacturing, marketing, selling,
advertising or offering for sale in the course of their business from using the
http://www.judis.nic.in
2
Trade Mark AUSTIN REED or any other Trade Mark which is in any way
deceptively or phonetically similar to the plaintiff's Registered Trade Mark,
under No.143, 878 in Class 25 in respect of 'complete articles of clothing' or
in any manner infringing the said registered Trade Mark of the Plaintiffs;
(b) for permanent injunction restraining the defendants, their servants,
agents, stockists, dealers, representatives or anyone claiming through them
from manufacturing, marketing, selling, advertising or offering for sale using
the Trade Mark AUSTIN REED or using any other mark deceptively similar
in respect of clothes or any other allied goods capable of passing off the
defendants' goods/business as those of the plaintiff's;
(c) directing the defendants to surrender to the plaintiffs for
destruction, all stocks containing the impugned Trade Marks AUSTIN REED
including packaging, strips, labels and dies, blocks, etc., used in the course of
manufacture;
(d) directing the defendants to pay a sum of Rs.10 lakhs by way of
damages and (e) for cost of the suit.
For Plaintiff : M/s.C.Daniel & Gladys Daniel
Defendants : Mr.Rahul M.Shankar
-----
http://www.judis.nic.in
3
JUDGMENT
The suit had been filed taking advantage of under Sections 27, 105
and 106 of the Trade and Merchandise Marks Act, 1958 seeking protection
of the trade mark AUSTIN REED. Since it is an assertion of the intellectual
property right, the Commercial Division of this Court will have jurisdiction
to examine the issues raised under Section 2 (1) (c) (xvii) of the Commercial
Courts Act, 2015.
2. It is informed that with respect to the grant of leave the matter
travelled upto the Division Bench in O.S.A.Nos.209 and 210 of 2003. A
Memorandum of Compromise had been filed by the plaintiff and the
defendants, and that was also recorded by judgment dated 23.08.2006.
3. In view of the same, nothing survives for further consideration in
the present suit. Accordingly, the Civil Suit is dismissed for non prosecution.
No order as to costs.
09.03.2021
msm
Index : Yes
Internet : Yes
Speaking order : Yes/No
http://www.judis.nic.in
C.V.KARTHIKEYAN, J.
msm
'
C.S.No. 181 of 2003
09.03.2021
http://www.judis.nic.in
