Madras High Court
S.V.S.Oil Mills vs M/S.S.V.N.Agro-Refineries on 4 October, 2021
C.S.No.19 of 2003
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.19 of 2003
S.V.S.Oil Mills,
Rep. By its Partner,
S.V.Chandrapandian,
No.11, T.H.Road,
Chennai – 600 019. ...Plaintiff
Vs.
1.M/s.S.V.N.Agro-Refineries,
No.1/66, Vengaivasal Main Road,
Vengaivasal Village, Selaiyur (P.O.),
Chennai – 600 073.
2.S.V.Natesan,
No.2, West Mada Church Road,
Royapuram, Chennai – 600 013. ...Defendants
Prayer: Plaint filed under Order IV Rule 1 of the Original Side rules and
under Order VII Rule 1 of C.P.C., r/w. Sections 105 & 106 of the Trade and
Merchandise Marks Act, 1958, praying as follows:-
a) granting a permanent injunction restraining the Defendants by
themselves, their agents or servants or anyone claiming through or under
them in the course of manufacturing and marketing, selling or advertising
from using the trademark as shown in the labels / pouches in its colour
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C.S.No.19 of 2003
scheme and get up in respect of edible oil, including Groundnut oil,
Sunflower oil, Vanaspathi and Palmolein as shown in Document Nos.15, 16,
17 and 18 and in M.Os.Nos.1 to 4 and in the calendar document No.50 and
other trade literature in relation to the sale of edible oil or any other
trademark in the said colour scheme and getup or any other colour scheme
and get up which is in any manner deceptively or confusingly similar to the
colour scheme and get up of the plaintiffs labels as shown in Document
Nos.1 to 8 and M.O.Nos.5 to 7 and in the Calendar Document No.53 thus
and passing off the defendants edible oil as or for the edible oil of the
Plaintiffs.
b) directing the Defendants to render a true and faithful account of
the profit earned by them through the use of the impugned trademark and
directing such profit to be paid to the Plaintiff on account of passing off
committed by the Defendants.
c) directing the Defendants to surrender to Plaintiffs all bags,
pouches, containers, labels, packets or any other printed matter containing
or consisting of the offending trademark in the impugned and get up colour
scheme together with blocks used for the purpose of printing the same, for
destruction.
d) directing the defendants to pay the costs of the suit to the
plaintiffs.
For Plaintiff : Mrs.Gladys Daniel
For Defendants : Mr.N.R.Srinath
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C.S.No.19 of 2003
JUDGMENT
The suit has been filed seeking the relief of permanent injunction
restraining the defendants from using the trademark of the plaintiff or any
other deceptively similar trademarks for Ground nut oil, Sunflower oil,
Vanaspathi and Palmolein or any other related products. The prayer for
accounting, surrender of bags, pouches, containers, packets, labels etc., and
costs have also been sought for.
2.One Mr.V.N.Ravi Varma, a partner of the 1st defendant firm had
filed an affidavit stating that upon an injunction having been granted
restraining them from using the mark, they had stopped using the mark since
2003. The defendant has actually submitted to a decree for prayer 'A' alone.
3.Mrs.Gladys Daniel, learned counsel appearing for the plaintiff
would submit that she is not pressing the other prayers namely, the prayer
for accounting, mandatory injunction and costs.
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C.S.No.19 of 2003
4.Considering the above statement made by the learned counsel
for the plaintiff and the affidavit filed by the defendant, the suit is decreed
under Order 12 Rule 6 of C.P.C., only in respect of prayer 'A' and the suit in
respect of other prayers will stand dismissed. Parties shall bear their own
costs.
04.10.2021
kkn
Internet:Yes
Index:No
Non-Speaking
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendants:
Nil
04.10.2021
https://www.mhc.tn.gov.in/judis/
C.S.No.19 of 2003
kkn
R.SUBRAMANIAN, J.
KKN
C.S.No.19 of 2003
https://www.mhc.tn.gov.in/judis/
C.S.No.19 of 2003
04.10.2021
https://www.mhc.tn.gov.in/judis/
