Madras High Court
Mr.M.Anees Ahmed vs B.Firdous Ahmed on 1 October, 2021
C.S.No.694 of 2019
and O.A.Nos.1096 & 1097 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2021
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S(Comm.Div.).No.694 of 2019
and
O.A.Nos.1096 & 1097 of 2019
Mr.M.Anees Ahmed,
Represented by its Proprietor,
M/s.Ambur Star Briyani,
Having its office at No.116/1,
Arcot Road, Vadapalani,
Chennai-600 026. ... Plaintiff
Vs.
1.B.Firdous Ahmed,
Sole Proprietor,
Star Ambur Briyani,
No.1, Malar complex,
Padi Pudhu Nagar Main Road,
Anna Nagar West Extension, Chennai-600 101.
2.B.Firdous Ahmed,
Sole Proprietor,
Star Ambur Briyani,
No.99/9 New Avadi Road,
Kilpauk Garden, Chennai-600 010.
3.B.Firdous Ahmed,
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https://www.mhc.tn.gov.in/judis/
C.S.No.694 of 2019
and O.A.Nos.1096 & 1097 of 2019
Sole Proprietor,
Star Ambur Briyani,
No.72, Pulianthope High Road,
Chennai-600 012.
4.B.Firdous Ahmed,
Sole Proprietor,
Star Ambur Briyani,
No.125/60, Dr.Natesan Road,
Triplicane, Chennai-600 005.
5.B.Firdous Ahmed,
Sole Proprietor,
Star Ambur Briyani,
70, Pantheon Road,
Egmore, Chennai-600 008.
6.B.Firdous Ahmed,
Sole Proprietor,
Star Ambur Briyani,
No.451, M.T.H.Road,
Ambattur O.T., Chennai-600 053.
7.B.Firdous Ahmed,
Sole Proprietor,
Star Ambur Briyani,
No.G-10 (HPCL), First Floor,
1st Main Road, Ambattur Estate,
Chennai-600 058. ... Defendants
Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original
Side Rules read with Order VII Rule 1 of C.P.C, and Sections 134 & 135 of
Trade Marks Act 1999, praying for
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https://www.mhc.tn.gov.in/judis/
C.S.No.694 of 2019
and O.A.Nos.1096 & 1097 of 2019
(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 trademark and trade style “AMBUR
STAR BRIYANI” by using the offending trademark and trading style
“STAR AMBUR BRIYANI” or any other mark or marks which are similar
or in any way deceptively similar to or a colourable imitation of the
plaintiff's trademark “AMBUR STAR BRIYANI”
(b). Granting a permanent injunction restraining the defendants,
their men, servants, agents or anyone claiming through or under them from
in any manner passing off the plaintiff trademark and trade style “AMBUR
STAR BRIYANI” by using the offending trademark and trading style
“STAR AMBUR BRIYANI” or any other mark or marks which are similar
or in any way deceptively similar to or a colourable imitation of the
plaintiff's trademark “AMBUR STAR BRIYANI”;
(c). Directing the defendant to render a true and faithful account
of the profits earned by them through the sale of food products bearing the
offending trademark “STAR AMBUR BRIYANI” and directing payment of
such profits to the plaintiff by way of damages for infringement committed
by the defendant;
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C.S.No.694 of 2019
and O.A.Nos.1096 & 1097 of 2019
(d). Directing the defendant to surrender to plaintiff the entire
stock of unused offending goods with trademark “STAR AMBUR
BRIYANI” with name boards, labels, wrappers, boxes, covers, bags,
packets, cartons, bills, advertisements, materials, reports, envelops,
brochures, printing blocks, etc., bearing the offending trademark for
destruction;
(e). Directing to the defendant to pay the plaintiff the costs of the
suit.
For Plaintiff : Mr.Vijayan Subramanian
For Defendants : No appearance
JUDGMENT
(Case has been heard through video conference)
After filing the suit and having the interim order in his favour,
now the plaintiff wants to withdraw the suit with liberty to file a fresh suit
for the same cause of action on the ground that Mr. B.Firdous Ahmed who
was running a business, infringing the trademark of the plaintiff had died.
The learned counsel who was representing the defendant also withdrawn his
appearance. The plaintiff is unable to obtain the present address of the legal
heirs of the deceased sole defendant and also the person who is in charge of
the business run by the deceased defendant Firdous Ahmed.
https://www.mhc.tn.gov.in/judis/
C.S.No.694 of 2019
and O.A.Nos.1096 & 1097 of 2019
2. This Court, in the given facts and circumstances, is of the view
that liberty sought by the plaintiff may be granted. Accordingly, the suit is
dismissed with liberty to the plaintiff to file fresh suit for the same cause of
action against the current owners of the business, who are allegedly
infringing the trademark of the plaintiff. Consequently, connected original
applications are also dismissed. No costs.
01.10.2021
rpl
Index : Yes/No.
Internet :Yes/No.
https://www.mhc.tn.gov.in/judis/
C.S.No.694 of 2019
and O.A.Nos.1096 & 1097 of 2019
DR.G.JAYACHANDRAN, J.
rpl
C.S(Comm.Div.).No.694 of 2019
& O.A.Nos.1096 & 1097 of 2019
01.10.2021
https://www.mhc.tn.gov.in/judis/
