Madras High Court
D.Poongothai vs M/S.Gurukrupa Trading Co on 29 November, 2021
C.S.No.390 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 29.11.2021
Coram:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Civil Suit No.390 of 2019
(Comm. Suit)
and
A.Nos.4281 and 8338 of 2019
D.Poongothai
trading as VSA COCOS
No.20/2, 2nd Floor,
Amace Prajaparamita
Sriram Nagar Main Road
Tiruvanmiyur, Chennai-600 041. .. Plaintiff
/versus/
M/s.Gurukrupa Trading Co
G3, Kanchan Chambers
Thakorvas, Madhavpura Chowk
Ahmedabad 380 004
Rep. by its partner
Mr.Piyush Jayantilal Thakkar ..Defendant
Prayer:
Civil Suit has been filed under Order VII, Rule 1 of CPC read with
Sections 27, 134 and 135 of the Trademarks Act, 1999, Sections 51, 54,
55 and 62 of the Copyrights Act, 1957 and Section 7 of the Commercial
1/5
https://www.mhc.tn.gov.in/judis
C.S.No.390 of 2019
Courts, Commercial Division and Commercial Appellate Division of High
Courts Act, No.4 of 2016 - Suit for permanent injunction for infringment
of Trademark, Copyright and Passing off praying to pass a judgment and
decree for:-
(a) a permanent injunction restraining the defendant, by
themselves, their partners, men, servants, agents, representatives,
distributors, stockists or anyone claiming through or under them from in
any manner infringing the plaintiff's registered trade mark VSA label by
manufacturing, selling, offering to sell, distributing, stocking, displaying,
printing, advertising using the trademark USA label that is identical to
plaintiff's trademark VSA label or in any manner whatsoever;
(b) a permanent injunction restraining the defendant, by
themselves, their partners, men, servants, agents, representatives,
distributors, stockists or anyone claiming through or under them from in
any manner infringing the plaintiff's copyright in their distinctive VSA
label by manufacturing, selling, offering to sell, distributing, stocking,
displaying, printing, advertising using the trademark USA label with all
the artistic features that is identical to plaintiff's trademark VSA label or
in any manner whatsoever;
(c) a permanent injunction restraining the defendant, by
themselves, their partners, men, servants, agents, representatives,
distributors, stockists or anyone claiming through or under them from in
any manner passing off or enabling others to pass off the defendant's
products as and for that of plaintiff's products by manufacturing, selling,
2/5
https://www.mhc.tn.gov.in/judis
C.S.No.390 of 2019
offering to sell, distributing, stocking, displaying, printing, advertising
using the trademark USA label that is identical to plaintiff's trademark
VSA label or in any manner whatsoever;
(d) the defendant be ordered to pay to the plaintiff a sum of
Rs.1,00,000/- as damages for committing acts of infringement against
plaintiff's registered trademark, infringement of copyright in
label/packaging so as to pass off its products as and for the plaintiff's
products;
(e) the defendant be ordered to surrender to plaintiff for destruction
of all products, labels, cartons, visiting cards, leaflets, promotional
materials, broachers, dyes, blocks, moulds, screen prints, packing
materials and other materials using the infringing trademark USA label or
any other trademark identical or deceptively similar to that of plaintiff's
trademark VSA label;
(f) a preliminary decree be passed in favor of the plaintiff directing
the defendant to render accounts of profits made using the trademark
USA label and a final decree be passed in favor of plaintiff for the amount
of profits thus found to have been made by defendant after verifying the
accounts;
(g) for costs of the suit;
For Plaintiff : Ms.S.Suba Shiny
For Defendant : Mr.Krishnasamy Chinnasamy
------
3/5
https://www.mhc.tn.gov.in/judis
C.S.No.390 of 2019
JUDGMENT
The suit is permitted to be withdrawn in terms of the memo dated
01.10.2021 filed by the plaintiff.
2. Accordingly, this Civil Suit is dismissed as withdrawn. There
shall be no order as to costs. Consequently, connected applications are
closed.
29.11.2021
Index : Yes/No
Speaking/Non-speaking
mk
To
The Sub-Assistant Registrar,
Original Side,
High Court, Madras.
N.ANAND VENKATESH. J.,
https://www.mhc.tn.gov.in/judis
C.S.No.390 of 2019
mk
Civil Suit No.390 of 2019
(Comm. Suit)
and
A.Nos.4281 and 8338 of 2019
29.11.2021
https://www.mhc.tn.gov.in/judis
