Madras High Court
M/S.Aravind Laboratories vs Religare Securities Ltd on 29 September, 2021
C.S.No.657 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.657 of 2011
M/s.Aravind Laboratories
3/17, Valluvar Salai
Ramapuram,
Chennai – 600 089.
Represented by its Partner
T.Devanathan ... Plaintiff
.Vs.
Religare Securities Ltd.
Trading as Religare Securities Limited
19, Nehru Place,
New Delhi-110 019. ... Defendant
Plaint filed under Order VII Rule 1 of the Code of Civil Procedure
and Order IV Rule 1 of the Original Side Rules read with Section 27, 134
and 135 of the Trademarks Act, 1999 praying for a decree and judgment
for :
a) granting a permanent injunction, restraining the defendant, by
itself, its servants, agents, distributors, or anyone claiming thorugh them
from manufacturing, selling, advertising and offering for sale using the
Trade Mark “HAWK EYE” upon the goods or in any media and use the
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C.S.No.657 of 2011
same in “PORTFOLIO MANAGEMENT, INVESTMENTS
ADVISORY, ANALYSIS SERVICES, APPRAISAL SERVICES,
BANKING, BROKERAGE, CAPITAL INVESTMENTS, FUNDS
RAISING AND TRANSFER, CLEARINGS, COLLECTIONS,
FINANCILA CONSULTANCY, DEBIT/CREDIT CARDS, DEBT
COLLECTION, MONEY EXCHANGING, FACTORING,
INFORMATION COLLECTION AND MANAGEMENT, FUNDING,
LEASING, MUTUAL FUNDS, LOANS, AND INSURANCE
SERVICE” invoices, letter heads and visiting cards or on any other
cosmetics by using any other trade mark which is in any way visually,
phonetically or deceptively similar to the plaintiffs registered Trade Mark
“EYETEX”, or in any manner infringing the plaintiffs registered Trade
Mark Nos.124824, 271583 and 296914 in Class 3;
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 “HAWK EYE” 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
Trade Mark “HAWK EYE” on the goods referred and for a final decree
in favour of the plaintiffs for the amount of the profits found to have
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been made by the defendants, after the defendant have rendered accounts
and
d) directing the defendant to pay to the plaintiff the costs of the
suit.
For Plaintiff : Miss.V.Revathi
for Mrs.Gladys Daniel
For Defendant : Mr.R.Sundar Narayan
********
JUDGMENT
Miss.V.Revathi, learned counsel representing Mrs.Gladys Daniel,
learned counsel for the plaintiff would submit that she has got
instructions to withdraw the suit.
2. Recording the same, this suit is dismissed as withdrawn. No
costs.
29.09.2021
dsa
Index : No
Internet : Yes
Non-Speaking order
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C.S.No.657 of 2011
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 defendant: Nil
List of Exhibits marked on the side of the defendant: Nil
29.09.2021
dsa
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C.S.No.657 of 2011
R.SUBRAMANIAN, J.
dsa
C.S.No.657 of 2011
29.09.2021
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