M/S.Basheer Ahmed & Bros vs M.Kamaldeen
2021 Latest Caselaw 22678 Mad

                                                                   C.S.(Comm.Div.) 686 of 2008

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 Dated :18.11.2021

                                                     Coram:

                                  THE HONOURABLE Mr.JUSTICE N.ANAND VEKATESH

                                       Civil Suit (Comm.Div.) No.686 of 2008


                     M/s.Basheer Ahmed & Bros.
                     B.B.B.Modern Rice Mill
                     No.255, Main Road
                     Vikravandi 605 652
                     Tamilnadu.                                                   .. Plaintiff

                                                     /versus/

                     1.M.Kamaldeen
                       Proprietor
                       M/s.Ashika Traders
                       # 28/39, Reddi Kuppam Road
                       Vikravandi 605 652
                       Villupuram District
                       Tamilnadu.

                     2.M/s.Nathan Traders
                       No.200 K.H.Road
                       Ayanavaram
                       Chennai 600 023.                                        ..Defendants



                     Prayer: Civil Suit has been filed under Order IV, Rule 1 O.S.Rules and
                     Order VII, Rule 1 of the C.P.C. Read with Section 27, 134 & 135 of the
                     Trade Marks Act, 1999, praying to pass a judgment and decree for:-

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                                                                         C.S.(Comm.Div.) 686 of 2008



                                  (a) granting a permanent injunction restraining the defendants ,
                     their men, servants, agents or anyone claiming through or under them
                     from in any manner infringing the plaintiff's registered Trame Mark
                     “B.B.B” brand by using the offending Trande Mark “BBB” brand or any
                     other mark or marks which are similar or in any way deceptively
                     similar to or a colourable limitation of the plaintiff's Trade Mark
                     “B.B.B” either by manufacturing or selling or offering for sale or in
                     any manner advertising the same.
                                  (b) granting permenent injunction restraining the defendants,
                     their men, servants, agents or anyone claiming through or under them
                     from in any manner passing of their products as that of the plaintiff's
                     by using the offending Trade Made “BBB” brand as and for the
                     products of the plaintiff's with the Trade Mark “B.B.B” or by using any
                     ther Trade Mark which is similar or deceptively similar to that of the
                     plaintiffs trade mark “B.B.B”.
                                  (c) directing the defendants to render a true and faithful
                     accounts of the profits earned by them through the same of rice
                     products bearing the offending trade mark “B.B.B” and directing
                     payment of such profits to the plaintiff's by way of damages for
                     infringement passing off committed by the defendants.
                                  (d) directing the defendants to surrender to the plaintiff's the
                     entire stock of unused offendng goods with Trade Mark “BBB” brand
                     together the labels, bill books, bags bearing the offending Trade mark
                     for destruction.

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                                                                               C.S.(Comm.Div.) 686 of 2008

                                  (e) directing the defendants to pay the plaintiff's the costs of
                     the suit.


                                             For Plaintiff       :Mr.A.Prasanna Venkat


                                             For Defendants      : Mr.S.Rajinikanth
                                                                     for D 1
                                                                     Mr.S.V.K.Thambi
                                                                     for D 2
                                                             -----


                                                        JUDGMENT

This suit is dismissed as withdrawn in terms of the

endorsement made by the learned counsel for the plaintiff. There

shall be no order as to costs. Consequently, the connected

applications are closed.

18.11.2021

KP

Internet: Yes

Index : Yes/No

N.ANAND VENKATESH,J.

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) 686 of 2008

KP

Civil Suit (Comm.Div.) No.686 of 2008

18.11.2021

https://www.mhc.tn.gov.in/judis