Madras High Court
M/S.Lion Dates Impex Private ... vs M/S.Murugan & Co on 27 October, 2021
C.S.No.191 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.191 of 2011
M/s.Lion Dates Impex Private Limited,
Flat No.8, Golden Perch Apartments,
No.2, Wheatcroft Road,
Nungambakkam, Chennai – 600 034.
Rep. By its Managing Director, P.Ponnudurai ...Plaintiff
Vs.
M/s.Murugan & Co.,
7/1, V.O.C.Nagar Main Road,
Thirumullaivoyal,
Chennai – 600 062. ...Defendant
Prayer: Plaint filed under Order VII Rule 1 of C.P.C., r/w. Order IV Rule 1
of the High Court original side rules and Section 22 of Designs Act, 2000
and Section 134 of the Trademarks Act, 1999:-
a) a permanent injunction restraining the Defendant, its partners /
directors, (as applicable), all its principal officers, staff, men, agents,
servants, successors, assigns in business, representatives or any other person
claiming any right through or under the Defendant from in any manner
using, manufacturing, packing, marketing, distributing or selling or offering
for sale, advertising, displaying or indirectly using any identical or
deceptively similar color combination on the packaging of any of the
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C.S.No.191 of 2011
Defendants products in particularly dates, amounting to infringement /
piracy of the registered designs of the plaintiff under registered design
no.222936 in Class : 07-02.
b) a permanent injunction restraining the Defendant, its directors /
partners (as applicable), all its principal officers, staff, men, agents,
servants, successors, assigns in business, representatives or any other person
claiming any right through or under the Defendant from in any manner
using, manufacturing, packing, marketing, distributing or selling or offering
for sale, advertising, displaying or indirectly using a trade dress of3 sale,
size, method of sealing and finishing, on any of the Defendant's products in
particular the packages of dates, which is identical / deceptively similar to
the trade dress of the plaintiff in the shape, size, method of sealing and
finishing, of the plaintiff's packages of dates.
c) the Defendant be ordered to pay to the plaintiff a sum of
Rs.20,00,000/- by way of damages.
d) a preliminary decree be passed in favour of the plaintiff
directing the Defendant to render a true and faithful account of all profits
made by it, using the plaintiff's said registered design and trade dress, and a
final decree be passed in favour of the plaintiff for the amount of profits
thus found to have been made by the Defendant, together with interest, after
the Defendant have rendered accounts.
e) the Defendant be directed to deliver-up to the plaintiff for
destruction, of all packaging, blocks, dyes, all other print materials, stickers,
signage, visiting cards, letter heads, catalogues, pamphlets, broachers, all
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C.S.No.191 of 2011
other advertising and promotional material, all stationery, and such other
material used in making the packages which, infringe the plaintiff's
registered design No.222936 in class 07-02 and amount to passing off under
the plaintiff's trade dress of size, shape, method of sealing and finishing of
dates packages.
f) for costs.
For Plaintiff : Mr.G.K.Muthukumar
For Defendant : Mr.N.R.Srinath for
Mr.P.C.N.Raghupathy
JUDGMENT
The complaint of the plaintiff is that the defendant has
substantially copied the lay out, color scheme and the manner of packing of
its products namely, dates, is deceptively similar to that of the plaintiff. It is
on the said ground the plaintiff would contend that the defendant has
infringed the registered design as well as the trademark of the plaintiff.
2.The defendant has filed an affidavit stating that it has stopped
using the similar packaging and it has substantially changed the method of
packing as well as labelling of its products. The photogrph of the present
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C.S.No.191 of 2011
packaging has also been given in the affidavit. On comparison, I find that
there is a substantial change. The defendant has also prayed that the suit
may be decreed on the above terms and without costs.
3.In view of the affidavit filed by the defendant, this suit is
decreed for the prayer A & B alone. The suit in respect of other prayer will
stand dismissed. No costs. Needless to say that the plaintiff would be
entitled to sue, if there is any new cause of action.
27.10.2021
kkn
Internet:Yes/No
Index:Yes/No
Speaking / Non-Speaking
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C.S.No.191 of 2011
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
27.10.2021
kkn
https://www.mhc.tn.gov.in/judis/
C.S.No.191 of 2011
R.SUBRAMANIAN, J.
KKN
C.S.No.191 of 2011
27.10.2021
https://www.mhc.tn.gov.in/judis/
