Madras High Court
Glosoft Technologies Private ... vs Vijaykumaran T on 2 November, 2021
CS No.172 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 02.11.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.172 of 2012
Glosoft Technologies Private Limited,
Rep. by its Chairman and Managing Director,
Mr.Mehroof I. Manalody,
“Pearlamount”, Office No.15,
3rd Floor, Dharma Towers,
88/150, Nelson Manickam Road,
Choolaimedu, Chennai 600 094. ... Plaintiff
Vs
1. Vijaykumaran T.,
2. Mrs. Usha Devi Vijaykumaran ... Defendants
Prayer : Plaint filed under Order IV Rule I of the High Court Original Side
Rules read with Sections 134 & 135 of the Trade Marks Act, 1999, praying
for the following judgment and decree:-
(a) Granting Permanent Injunction restraining the
defendants by themselves, their servants or agents or
anyone claiming through them from in any manner
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CS No.172 of 2012
infringing the plaintiff's Trade Mark 'G-Tec Computer
Education' and 'G-Tec' by using the similar or
deceptively similar Trade Mark for the computer
education services offered by the defendants together
with any write up or any other representation or words
which are in any manner identical to and deceptively
similar with the Trade Mark of the plaintiff in respect of
the defendants' services by use on the defendant's board,
stationary, course materials, brochures, pamphlets,
advertisements or in any manner exhibiting to the public;
(b) Granting Permanent Injunction restraining the
defendants by themselves, their servants or agents or
anyone claiming through them from in any manner
passing off the defendants' educational services 'GiTEC'
or 'Gi Tec Education' bearing the offending trade mark
with identical and/or deceptively similar mark, colour
scheme, get up and write up and and for the celebrated
computer education service of the plaintiff bearing the
trade mark 'G-Tec Computer Education' and 'G-Tec',
with peculiar get up and write up either by
misrepresentation to the public or offering the services or
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CS No.172 of 2012
in any manner advertising the defendants' offending
services 'GiTEC' or 'Gi Tec Education', or such other
deceptively similar mark to the public;
(c) Directing the defendants to surrender to the plaintiffs
the entire stock of unused offending 'GiTEC' or 'Gi Tec
Education' materials course study materials, together
with blocks and dyes, stationary, brochures,
advertisement materials and pamphlets, and compact
discs hard discs carrying the infringing 'GiTEC' or 'Gi
Tec Education' mark for destruction;
(d) Directing the defendants to render a true and faithful
account of the profits earned by it through the sale of the
offending educational service or such other trade or
calling bearing the offending trade mark 'Gitec' or 'Gi
Tec Education' and directing payment of such profits to
the plaintiffs for the infringement and passing off
committed by the defendants;
(e) Directing the defendant to pay to the plaintiffs the
cost of the suit;
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CS No.172 of 2012
For Plaintiff : Mr.Perumbulavil Radhakrishnan
For Defendants : No appearance
JUDGMENT
The suit is one for infringement of its trademark of the plaintiff
'G-Tec Computer Education', which is a commercial dispute as defined
under Section 2(1)(C)(xvii) of the Commercial Courts Act, 2015. The
jurisdiction is thus determined and this Commercial Division takes
cognizance of the suit.
2. Mr.Perumbulavil Radhakrishnan, learned counsel appearing for the
plaintiff would submit that he had returned the papers along with consent
change of vakalat during the year 2014, no new counsel has been engaged.
It is therefore clear that the plaintiff is not interested in prosecuting the suit.
The suit is therefore dismissed for non-prosecution. No costs.
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Internet : Yes
Speaking order/Non Speaking order
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CS No.172 of 2012
List of Witness examined on the side of the plaintiff: Nil
List of Exhibits marked on the side of the Plaintiff: Nil
List of Witness examined on the side of the Defendants: Nil
List of Exhibits marked on the side of the Defendants : Nil
02.11.2021
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To
The Sub Assistant Registrar,
Original Side,
High Court of Madras, Chennai 104.
https://www.mhc.tn.gov.in/judis/
CS No.172 of 2012
R.SUBRAMANIAN,J.
jv
C.S.No.172 of 2012
02.11.2021
https://www.mhc.tn.gov.in/judis/
