Lucas Tvs Limited vs Surya Carbons
2021 Latest Caselaw 21461 Mad

Citation : 2021 Latest Caselaw 21461 Mad
Judgement Date : 27 October, 2021

Madras High Court

Lucas Tvs Limited vs Surya Carbons on 27 October, 2021

                                                                          C.S.No.212 of 2000



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 27.10.2021
                                                     CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                C.S.No.212 of 2000

                     1.

Lucas TVS Limited, No.6, Patullos Road, Chennai – 600 002. rep. By its Constituted Attorney, Mr.T.Sundaram

2.Lucas Indian Service Limited, No.272, Anna Salai, Chennai – 600 018.

rep. By its Constituted Attorney, Mr.T.Sundaram ...Plaintiffs

Vs.

1.Surya Carbons, No.131, Pillaiyar Koil Street, Jafferkanpet, Chennai – 600 095.

rep. By its Proprietor, Mr.N.Suriyanarayanan

2.A.P.A.Carbons, No.129, Pillaiyar Koil Street, Jafferkanpet, Chennai – 600 095.

rep. By its Proprietor, Mr.N.Sridharan

3.Shree Vinayaga Enterprises, No.21, Ponniamman Koil Street, Puzhudhivakkam, Chennai – 600 092. rep. By Mr.Karthikeyan

https://www.mhc.tn.gov.in/judis C.S.No.212 of 2000

4.Rajkart Enterprises, No.386, Arcot Road, Next to MIET, Kodambakkam, Chennai – 600 024. rep. By its Proprietor, Mr.P.B.Rajasekar

5.Venkateshwara Carbons, No.5, Rajaji Street, Jayaram Nagar, Kolathur, Chennai – 600 009. rep. By Mr.C.S.Kamadurai

6.Rajesh Carbons, No.61, 81st Street, Ashok Nagar, Chennai – 600 083. a partnership firm rep. By its Partner, Mr.M.Kumar

7.Thirumalai Carbons, No.7, Surapet Road, Vinayagapuram, Chennai – 600 099.

rep. By its Proprietor, Mr.T.Gopi ...Defendants

Prayer: Plaint filed under Order IV Rule 1 of the High Court original side and Order VII Rule 1 of C.P.C., and under Sections 27, 29, 105 & 106 of the Trade and Merchandise Marks Act, 1958, Sections 27, 28, 29, 134 and 135 of Trademarks Act, 1999 and Sections 51, 55 and 62 of the Copyright Act, 1957, praying as follows:-

a) a perpetual order and injunction restraining the Defendants by themselves, their partners, heirs, legal representatives, successors-in- business, assigns, servants, agents, distributors, stockists, representatives or any of them from in any manner infringing the plaintiffs registered Trademarks LION and DEVICE of LION by use of Trademarks identical or

https://www.mhc.tn.gov.in/judis C.S.No.212 of 2000

deceptively similar thereto;

b) granting a perpetual order and injunction restraining the Defendants by themselves, their partners, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, stockists, representatives or any of them from in any manner passing off or enabling others to pass off the Defendants' starter brush, dynamo brush, switch, rectifier and other auto electrical parts, components as and for the plaintiffs products by use of the Trademarks LUCAS TVS, LION and DEVICE OF LION or any mark/s similar thereto and / or by use of packing materials, cartons, labels, pouches which are a slavish imitation of, identical to or deceptively similar to plaintiffs distinctive LUCAS TVS packaging, labels, cartons, pouches, having colour scheme of green with black lettering with distinctive get up and layout or in any other manner whatsoever;

c) a permanent injunction restraining the Defendants by themselves, their partners, heirs, legal representatives, successors-in- business, assigns, servants, agents, distributors, stockists, representatives, assigns or any of them from committing acts of copyright infringement by printing, manufacturing, offering for sale, selling, distributing, dealing with starter brush, dynamo brush, switch, rectifier and other auto electrical parts and components packed in cartons, pouches, labels and other packing material bearing the artistic works DEVICE OF LION, distinctive LUCAS TVS packaging having colour scheme of green and black, get up and layout which are an imitation of, substantial reproduction of Plaintiffs copyright in the artistic works DEVICE OF LION, distinctive LUCAS TVS packaging

https://www.mhc.tn.gov.in/judis C.S.No.212 of 2000

having colour scheme of green and black, get up and layout or in any other manner whatsoever;

d) the Defendants be ordered to surrender to plaintiffs for destruction all starter brush, dynamo brush and other auto electrical parts, goods, cartons, labels, prints, blocks, dyes, plates, moulds and other material bearing the plaintiffs registered Trademarks LUCAS TVS, LION and DEVICE OF LION or any mark similar thereto, and artistic works DEVICE OF LION, distinctive LUCAS TVS packaging having colour scheme of green and black, get up and layout;

e) the Defendants be directed to pay to the plaintiffs as damages a sum of Rs.10,05,000/- in respect of acts of infringement of Trademark infringement of copyright and passing off committed by the Defendants;

f) a preliminary decree be passed in favour of the plaintiffs directing the Defendants to render account of profits made by the latter by manufacturing, offering for sale, selling, distributing, dealing with starter brush, dynamo brush, switch, rectifier, and other auto electrical parts and components packed in cartons, pouches, labels and other packing material bearing the artistic works DEVICE OF LION, distinctive LUCAS TVS packaging having colour scheme of green and black, get up and layout and / or Trademarks LUCAS TVS, LION and DEVICE OF LION or any mark similar thereto and a final decree be passed in favour of the Plaintiffs for the amount of profits thus to have been made by the Defendants after the latter have rendered accounts;

g) for costs of the suit.

https://www.mhc.tn.gov.in/judis C.S.No.212 of 2000

For Plaintiffs : Mr.Rahul M.Shankar for Brinda Mohan For Defendants : Mr.Prasanna Venkat for Mr.Prabhakara Reddy for D1 Mr.R.Santhanam for D4 Mr.S.K.Rakunathan for D6 D3, D5 & D7 – Set exparte D2- No Appearance

JUDGMENT Mr.Rahul M.Shankar, learned counsel appearing for the plaintiffs

would submit that he has got instructions to withdraw the suit.

2.Recording the said statement, this suit is dismissed as

withdrawn. No costs.

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Internet:Yes Index: No Non-Speaking

https://www.mhc.tn.gov.in/judis C.S.No.212 of 2000

List of witness and documents filed on the side of the plaintiffs:

Nil

List of witness and documents filed on the side of the defendants:

Nil

27.10.2021 kkn