Madras High Court
M/S.6 Number Scented Tobacco Co vs M.Durai Raj on 6 October, 2021
C.S.No.144 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.144 of 1999
M/s.6 Number Scented Tobacco Co.,
also trading as Aaram Number & Co.,
160, Byepass Road, Darapuram – 638 656. ...Plaintiff
Vs.
M.Durai Raj,
trading as Sri Pasu Mark – 116 No.,
Scented Tobacco Company,
No.7, Vengettipalayam,
Ellis Nagr P.O. Dharapuram. ...Defendant
Prayer: Plaint filed under Order VII Rule 1 of C.P.C., r/w. Order IV Rule 1 of
the Original Side rules and Sections 105 & 106 of the Trade & Merchandise
Marks Act, 1958 and under Sections 55 & 62 of the Copyright Act, 1957,
praying as follows:-
a) granting a permanent injunction restraining the defendants
abovenamed by themselves, their servants, agents or anyone claiming
through them from in any manner infringing the Plaintiffs' registered trade
mark labels, both yellow and white, “6 Number” with a peculiar colour
scheme and get up by using the offending trade mark labels, both yellow and
white, “116 Number” with an identical colour scheme and get up in respect
of scented tobacco or any other mark or marks which are deceptively similar
1/5
http://www.judis.nic.in
C.S.No.144 of 1999
to or identical to the plaintiffs' registered trade mark labels, both yellow and
white, “6 Number”;
b) granting a permanent injunction restraining the defendants
abovenamed by themselves, their servants, agents or anyone claiming
through them from in any manner infringing the plaintiffs' registered
copyright over the artistic works, both yellow and white, “6 Number” with a
peculiar colour scheme and get up by using the offending artistic work
labels, both yellow and white, “116 Number” with an identical colour
scheme and get up in respect of scented tobacco or any other work or works
which are deceptively similar to or identical to the plaintiffs' registered
artistic work labels, both yellow and white, “6 Number”;
c) granting a permanent injunction restraining the Defendants
abovenamed, their servants, agents or anyone claiming through them from in
any manner passing off of their scented tobacco bearing the offending
artistic works and trade mark label "116 Number", both yellow and white,
with an identical colour scheme and get up as and for the Plaintiffs' well
established scented tobacco sold under the copyrighted artistic works
registered trade mark labels "6 Number" both yellow and white, either by
selling or offering for sale or in any manner advertising the same;
d) directing the Defendants herein to surrender to the plaintiffs the
entire stock of unused offending labels bearing the offending trade mark and
the artistic work "116 Number" together with identical colour scheme and
get up along with the blocks and dyes for destruction;
2/5
http://www.judis.nic.in
C.S.No.144 of 1999
e) directing the defendants to render a true and faithful account of
the profits earned by the Defendants through the sale of scented tobacco
sold under the offending trade mark labels, both yellow and white, "116
Number" and directing payment of such profits to the Plaintiffs for the
passing off committed by the Defendants;
f) directing the Defendants to pay the costs of the suit.
For Plaintiff : Mr.S.Rajesh Ramanathan
For Defendant : Mr.R.Asokan
JUDGMENT
Mr.S.Rajesh Ramanathan, learned counsel appearing for the
plaintiff would submit that his all efforts to contact the plaintiff have failed.
The suit is of the year 1999. Since the learned counsel expresses his
inability to contact the plaintiff, this suit is dismissed for non-prosecution.
No costs.
06.10.2021
kkn
Internet:Yes/No
Index:Yes/No
Speaking / Non-Speaking
http://www.judis.nic.in
C.S.No.144 of 1999
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendant:
Nil
06.10.2021
kkn
http://www.judis.nic.in
C.S.No.144 of 1999
R.SUBRAMANIAN, J.
KKN
C.S.No.144 of 1999
06.10.2021
http://www.judis.nic.in
