M/S.Nakoda Dairy (P) Ltd vs M/S.Kewal Chand Vinod Kumar
2021 Latest Caselaw 22750 Mad

                                                                          C.S.497 of 2008

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                Dated :19.11.2021

                                                    Coram:

                                  THE HONOURABLE Mr.JUSTICE N.ANAND VEKATESH

                                               C.S.No.497 of 2008



                     M/s.Nakoda Dairy (P) Ltd.,
                     No.9, Bashyakarlu Street,
                     Kondithope, Chennai 600 001.
                     Rep by its Director, Mr.D.Navrathan                     .. Plaintiff

                                                    /versus/

                     1. M/s.Kewal Chand Vinod Kumar,
                        No.8/10, Keshavji Nayak Road,
                        Chickbandar, Mumbai 400 009.

                     2. M/s.K.B.Products Pvt. Ltd.,
                        Dadoba Compound,
                        Anjer Phata, Anjur Road,
                        District Thane, Maharashtra – 421 302.

                     3. M/s.Hirachand Bakhtawarmal,
                        Dadoba Compound, Valgaon,
                        Anjer Phata, Bhivandi,
                        District Thane, Maharashtra – 421 302          ..Defendants

                     Prayer: Civil Suit has been filed under Order VII Rule I of Civil

                     Procedure code 1908 and order IV Rule 1 of O.S.Rules and order VII



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                                                                                     C.S.497 of 2008

                     Rule 1 of CPC read with Section 134 & 135of the Trade Marks Act,

                     praying to pass a judgment and decree for:-

                                  (a) granting permanent injunction restraining the Defendants by
                     themselves, their servants, agents, distributors or anyone claiming
                     trhough them from infringing the plaintiff's Trademark 'NAKODA', by
                     using it as their trademark, email id / trading style or corporate name
                     /service mark, letter heads, exhibits or any other stationery /
                     material containing the Trade mark 'NAKODA' or issuing advertisements
                     under the brand name 'NAKODA' or by using any other TRADE MARK
                     which is in any way visually, phonetically or deceptively similar to the
                     plaintiff's registered Trade mark ' NAKODA' in the couse of their trade
                     and business.
                                  (b)   Permanent injunction restraining the Defendants          by
                     themselves, their servants, agents, distributors or anyone claiming
                     throug them from passing off the defendants goods under the trade
                     name, mark 'NAKODA' with any suffix or prefix and in any manner
                     passing off and/or enabling others to pass off the defendants goods as
                     and for the plaintiff's goods or doing any act or deed calculated to
                     deceive the consumers.
                                  (c)   surrender   the   defendant's   letter   heads,   exhibits,
                     advertisements, websites or any other stationrey / material containing
                     the Trade Mark 'NAKODA' which is used in the couse of its trade and
                     business.
                                  (d)   For a preliminary decree in favour of the plaintiff,


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                                                                                         C.S.497 of 2008

                     directing the defendants to render an account of profits made by
                     them by the use of the Trademark 'NAKODA' and for a final decree in
                     favour of the plaintiff for the amount of the profits found to have
                     been made by the defendants after the defendants have rendered
                     accounts.
                                  (e)   Directing the defendants to pay to the plaintiff the costs
                     of the suit.
                                  (d)   Pass such further or other orders.


                                              For Plaintiffs       :Mr.N.Senthil Kumar for
                                                                    M/s.Sivam Sivanandraj
                                              For Defendants       : Mr. K.Sridhar
                                                                        for D1 to D3
                                                               ------
                                                           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.

19.11.2021

rka

https://www.mhc.tn.gov.in/judis C.S.497 of 2008

N.ANAND VENKATESH,J.

rka

Civil Suit (Comm.Div.) No.497 of 2008

19.11.2021

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