Madras High Court
Asia Match Company Private ... vs P.Sundaram on 22 November, 2021
C.S (Comm.Div.).No.14 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ORDERS RESERVED ON : 18.11.2021
PRONOUNCING ORDERS ON : 22.11.2021
Coram:
THE HONOURABLE JUSTICE MR.N.ANAND VENKATESH
Civil Suit (Commercial Division) No.14 of 2021
Asia match Company Private Limited
Represented by its Director
17-A, Virudhunagar Road
Boopathy Buildings
Sivakasi 626 123
and also Branch Office at
602, Anna Salai
Chennai 600 002. .. Plaintiff
/versus/
P.Sundaram
Andal Match Works
46, Bharathiyar Street
Pichanoor Post
Guidiyattam 632 602. ..Defendant
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, 28, 29, 134 &
135 of the Trade Marks Act, 1999 and Section 51, 55, 62(2) of the
Copyrights Act praying to pass a judgment and decree for:-
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C.S (Comm.Div.).No.14 of 2021
(a) permanent injunction restraining the Defendant, by himself, his
partners, contractual manufactures, servants, agents, distributors,
stockist, representatives or any one claiming through or under them from
in any manner 'infringement the plaintiffs registered trademark CHAI
with a device of KEY' under the Trademark No.298183, 198639,
341483 n 313463 in Class 34' and other registered label trademarks of
CHAI by using a deceptively similar trademark CHILPI with a device
of Key or any other deceptive word mark or any other deceptive device
or label deceptively similar to the plaintiff's registered trademark CHAI
in relation to goods safety matches or in any other manner whatsoever;
(b)Permanent injunction restraining the defendant, by himself, his
partners, contractual manufacturers, servants agents, distributors,
stockist, representatives or any one claiming through or under them from
in any manner committing act of 'infringement of copyright' by using or
making either exact or substantial reproduction of Plaintiff's copyright in
the artistic work of their label mark CHAI with KEY device in respect of
colour scheme, get up and layout for their deceptive label mark CHILPI
with KEY device or any other deceptive artistic work device in relation
to goods safety matches or in any other manner whatsoever;
(c)Permanent Injunction restraining the defendant, by himself, his
partners, contractual manufacturers, servants, agents, distributors,
stockist, representatives or any one claiming through or under them from
in any manner 'passing off and/or enabling others to 'pass off the
defendant' safety matches under the deceptive label trademark CHILPI
with deceptive KEY device or any other deceptive word mark or device
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C.S (Comm.Div.).No.14 of 2021
as and for like that of plaintiff's safety matches label CHAI by
manufacturing, selling, or offering to sell, distributing, displaying,
printing, stocking, using, advertising their products with a trademark
and/or label or artistic work that is identical in colour scheme, get up and
layout with that of the plaintiff's label mark CHAI with KEY device or
deceptive artistic work or in any other manner whatsoever;
(d) the Defendant be ordered to surrender to Plaintiff's for
destruction of all products, labels, cartons, dyes, blocks, moulds, screen
prints, packing materials and other materials bearing the trademark
CHILPI with KEY DEVICE or any mark deceptively similar to plaintiffs'
trademarks CHAI and the artistic work KEY DEVICE.
(e)a preliminary decree passed in favour of the plaintiff's directing
the Defendant to render account of profits made by use of trademark
CHILPI and a final decree be passed in favour of the Plaintiff's for the
amount of profits thus found to have been made by the Defendant after
the latter have rendered accounts;
(f)for costs of the suit; and
(g)And for other relief's.
For Plaintiff : Mr.R.Sathish Kumar
For Defendant : Mr.S.R.Raghunathan
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C.S (Comm.Div.).No.14 of 2021
JUDGMENT
By virtue of the orders passed in Application No.3675 of
2021 dated 22.11.2021, the Registry is directed to return the plaint to the
learned counsel for the plaintiff, in order to enable the plaintiff to present
the same before the Competent Court, which has jurisdiction to entertain
the suit. In the result, this suit is disposed of. Since this Court has
imposed costs on the plaintiff while allowing the Application No. 3675
of 2021, no separate order as to the costs in this suit. Consequently,
connected miscellaneous applications are closed.
22.11.2021
Internet: Yes
Index : Yes/No
KP
N.ANAND VENKATESH, J.
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C.S (Comm.Div.).No.14 of 2021
KP
Pre-Delivery Judgment in
Civil Suit (Commercial Division) No.14 of 2021
22.11.2021
https://www.mhc.tn.gov.in/judis
