Madras High Court
Malar Network (P) Ltd vs Arun Prasath D on 26 November, 2021
C.S.No.24 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 26.11.2021
Coram:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Civil Suit No.24 of 2010
(Comm. Suit)
Malar Network (P) Ltd
Represented by its Managing Director,
Mr.R.R.Gopaljee
42A, Mercury Apartments,
Pantheon Road,
Egmore, Chennai 600 008. .. Plaintiff
/versus/
Arun Prasath D
No.86, IIIrd Cross Street,
Pon Nagar, Trichirapalli- PIN:620 001. ..Defendant
Prayer:
Civil Suit has been filed under Order IV, Rule 1 of the Original
Side Rules Read with Sections 134 & 135 of the Trade Marks Act, 1999,
praying to pass a judgment and decree for:-
(a) granting permanent injunction, restraining the defendant, by
himself, his servants or agents, assignees or anyone claiming through him
from in any manner infringing the plaintiff's trade mark “MALAR TV”
mark in respect of the defendant's domain name, website and mark in
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C.S.No.24 of 2010
respect of the defendant's products and services, 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 plaintiffs.
(b) granting permanent injunction, restraining the defendant, by
himself, his servants, agents or assigns or anyone claiming through them
from in any manner passing off the defendant's products and services as
“malar tv” or “MALAR .TV” bearing the offending trade mark with
identical and/or deceptively similar colour scheme, get up and write up as
and for the trade mark of the plaintiff viz. “malar tv” or “MALAR.TV”
and the domain name “MALARTV.IN” and “MALARTV.COM” either
by misrepresentation to the public and offering for sale or in any manner
advertising on the internet or in any other communication media by
dissemination of signals by using the defendant's offending mark and
domain name/web site 'malar.tv' with or without such suffixes or prefixes
that may be deceptive in respect of the defendant's products and services;
(c) directing the defendant to surrender to the plaintiffs the entire
stock of software, literature and letterheads and communications,
pamphlets and all materials with the offending mark 'malar.tv' or
MALAR.TV for destruction;
(d) directing the defendant to render a true and faithful account of
the profits earned by it through the business using the offending trade
mark 'malar.tv' or 'MALAR.TV' and directing payment of such profits to
the plaintiffs for the infringement and passing off committed by the
defendants;
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C.S.No.24 of 2010
(e) directing the defendant to pay to the plaintiffs the costs of the
suit.
For Plaintiff : Mr.Dharanidharan
for Mr.Perumbulavil Radhakrishnan
For Defendant : Mr.V.Kannadasan
------
JUDGMENT
Mr.Dharanidharan, learned counsel representing the counsel on
record for the plaintiff seeks permission of this Court to withdraw the
civil suit and a memo dated 24.11.2021 has been filed to that effect.
2. In view of the above, the Civil Suit is dismissed as withdrawn.
Consequently, connected applications are closed, if any. There shall be no
order as to costs.
26.11.2021
Index : Yes/No
Internet : Yes/No
nsa/mk
https://www.mhc.tn.gov.in/judis
C.S.No.24 of 2010
N.ANAND VENKATESH. J.,
mk
C.S.No.24 of 2010
(Comm. Suit)
26.11.2021
https://www.mhc.tn.gov.in/judis
