Madras High Court
Agrigold Foods And Farms Products ... vs M/S.Hiluck Polyesters Pvt. ... on 7 September, 2021
C.S.No.119 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.119 of 2010
1.Agrigold Foods and Farms Products Ltd.,
Having its Registered Office at
No.40-1-21, 4th Floor, Catholic Complex,
M.G.Road, Vijayawada – 520 010,
Andhra Pradesh.
Represented by its Chairman & Managing Director,
Mr.Venkata Rama Rao Avvas
2.Mr.Venkatarama Rao Avvas
Having his Registered Office at
No.40-1-21, 4th Floor, Catholic Complex,
M.G.Road, Vijayawada – 520 010,
Andhra Pradesh. ...Plaintiffs
Vs.
M/s.Hiluck Polyesters Pvt. Limited,
Bhiwani Road, Hansi,
Haryana – 125 033. ...Defendant
Prayer: Plaint filed under Order IV Rule 1 of the Original Side Rules and
Order VII, Rule 1 of the C.P.C., r/w. Sections 27, 134 & 135 of the
Trademarks Act, 1999, praying as follows:-
a) granting a permanent injunction, restraining the Defendant, by
themselves, their servants, agents, distributors, or anyone claiming through
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C.S.No.119 of 2010
them from manufacturing, selling, offering and advertising for sale using the
Trade Mark AGREEGOLD upon the goods P.V.C.Pipes, Rigid P.V.C. Pipes
and tubes or in any media and use the same in Invoices, letter heads and
visiting cards or any other trade literature or by using any other Trade Mark
which is in any way visually, phonetically or deceptively similar to the
Plaintiffs Registered Trade Mark AGRIGOLD under Nos.935848, 935849,
1051706, 1051758, 1051769, 1174585, 1174586, 1174587, 1174588,
1174589, 1174590, 1174592, 1174594, 1174595, 1174599, 1174600,
1174602, 1174603, 1174605, 1174607, 1174608, 1296901, 1176229 or in
any manner infringing the Plaintiffs aforesaid Registered Trade Marks by
using the mark AGREEGOLD either as prefix or suffix in the course of
business.
b) directing the Defendant to surrender to the plaintiffs all the
packing material, cartons, advertisement materials and hoardings, letter-
heads, visiting cards, office stationery and all other materials containing /
bearing the Trade Mark AGREEGOLD or other deceptively similar Trade
Mark.
c) for a preliminary decree in favour of the Plaintiffs, directing the
Defendant to render an account of profits made by them by the use of the
Trading style AGREEGOLD on the goods referred and for a final decree in
favour of the Plaintiffs for the amount of the profits found to have been
made by the Defendants, after the Defendants have rendered accounts.
d) directing the Defendant to pay to the plaintiffs the costs of the
suit.
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C.S.No.119 of 2010
For Plaintiffs : Mrs.Gladys Daniel
For Defendant : Mr.Ashok Kumar J.Daga
JUDGMENT
Heard Mrs.Gladys Daniel, learned counsel appearing for the
plaintiffs and Mr.Ashok Kumar J.Daga, learned counsel appearing for the
defendant.
2.The defendant has filed an affidavit undertaking to continue to
use the Trademark as “AGREEGOLD” in respect of P.V.C.Pipes, tubes and
fittings. It has also underken not to use the trademark “AGRIGOLD” in
their businesses either as prefix or suffix.
3.The learned counsel appearing for the plaintiffs would submit
that the plaintiffs would be satisfied with such an undertaking and she gives
up the reliefs 'B' and 'C' in the suit. The suit is therefore, disposed of
recording the undertaking given by the defendant. No costs.
07.09.2021
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Internet:Yes/No
Index:Yes/No
Speaking/Non-speaking
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C.S.No.119 of 2010
List of witness and documents filed on the side of the plaintiffs:
Nil
List of witness and documents filed on the side of the defendant:
Nil
07.09.2021
kkn
http://www.judis.nic.in
C.S.No.119 of 2010
R.SUBRAMANIAN, J.
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C.S.No.119 of 2010
07.09.2021
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