Madras High Court
Brooke Bond India Ltd vs Arafa Stores on 22 October, 2021
C.S.No.946 of 1991
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.946 of 1991
and
O.A.No.612 of 1991
BROOKE BOND INDIA LTD.,
9, Shakespeare Sarani
Calutta – 700 071. ...Plaintiff
.Vs.
1.Arafa Stores
No.9, Perambur Barracks Road
Madras – 600 012.
2.Saravana Stores
154, D'Mellows
Madras 600 012.
3.Vetrivel Stores
Muthu Mudaly Street,
Vyasarpadi, Madras.
4.Khaja Stores
43, Shaik Davood Street
Royapettah, Madras – 14.
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C.S.No.946 of 1991
5.Khadar Stores,
31, Shaik Davood Street,
Royapettah, Madras – 14.
6.S.R.Stores
16, Mohd. Hussain Khan Street,
Madras – 14.
7.Mansoor Stores,
96, Elephant Tank Road,
Ice House, Madras – 14
8.Mohideenia Stores
24, Gajapathy Street
Ice House, Madras – 14.
9.Thangam Stores
45, P.V.Koil Street
Mylapore, Madras – 14.
10.Selvaraj Stores
6, Bazaar Road,
Mylapre, Madras-4.
11.Jayapandian Stores
9, North Mada Street
Nungambakkam, Madras.
12.Selvakumar Stores
14, North Mada Street,
Nungambakkam, Madras. ... Defendants
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C.S.No.946 of 1991
Plaint filed under Order IV Rule 1 of the Original Side Rules and
Section 105 and 106 of the Trade and Merchandise Marks Act, 1958
praying for a judgment and decree:
a) granting a permanent injunction restraining the defendants,
themselves, their servants or agents or anyone claiming through them
from in any manner infringing the plaintiffs' well established registered
trade mark “BROOKE BOND 3 ROSES” referred as Document No.1
and M.O.No.1, by using the offending “BROOKE BOND 3 ROSES”
trade mark referred as M.O.No.2 or any other trade mark or marks which
are in any way deceptively similar to or a colourable imitation of the
plaintiffs' registered trade mark, either by selling or offering for sale;
b) granting permanent injunction restraining the defendants by
themselves, their servants or agents or anyone claiming through them
from in any manner passing off of the defendants' “tea” as and for the
celebrated “tea” of the plaintiffs by using the offending BROOKE
BOND 3 ROSES trade mark label or any other mark or marks which are
deceptively similar to or a colourbale imitation of the plaintiffs'
registered trade mark label “BROOKE BOND 3 ROSES” filed as
Document No.1 and M.O.No.1;
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C.S.No.946 of 1991
c) directing the defendants to surrender to the plaintiffs the entire
stock of unused offending trade mark labels for destruction;
d) directing the defendants to render a true and faithful account of
the profits earned by them through the sale of “tea” bearing the offending
BROOKE BOND 3 ROSES trade mark label and directing payment of
such profits to the plaintiffs by way of damages for the passing off
committed by the defendants and
e) directing the defendants to pay to the plaintiffs the costs of the
suit.
For Plaintiff : Mr.Madhan Babu
For Defendants : No appearance
********
JUDGMENT
Mr.Madhan Babu learned counsel appearing for the plaintiff
would submit that he has got instructions to withdraw the suit.
2. Recording the said statement of the counsel for the
plaintiff, this suit is dismissed as withdrawn, reserving liberty to the
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C.S.No.946 of 1991
plaintiff to sue, if there is, a subsequent cause of action. No costs.
Consequently, the connected original application is closed.
22.10.2021
dsa
Index : No
Internet : Yes
Non-Speaking order
List of the witnesses examined on the side of the plaintiff: Nil
List of Exhibits marked on the side of the plaintiff : Nil
List of the witnesses examined on the side of the defendants: Nil
List of Exhibits marked on the side of the defendants: Nil
22.10.2021
dsa
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C.S.No.946 of 1991
R.SUBRAMANIAN, J.
dsa
C.S.No.946 of 1991
21.09.2021
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