K.Vasudeva Rao vs The Woods Manor
2021 Latest Caselaw 19981 Mad

                                                                                        C.S.No.799 of 1999



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                   DATED: 29.09.2021
                                                        CORAM:
                                   THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                   C.S.No.799 of 1999

                     1.K.Vasudeva Rao
                     2.K.V.Geetha Rao,
                       Trading as “Woodys”
                       177-178, Commercial Street,
                       Bangalore – 560 001.                                            ...Plaintiffs

                                                           Vs.

                     The Woods Manor,
                     A Unit of Woody's Hotels (P) Ltd.,
                     Woodlands Junction, M.G.Road,
                     Ernakulam, Cochin – 682 011.                                     ...Defendant


                     Prayer: Plaint filed under Order IV Rule 1 of the Original Side rules and
                     under Order VII Rule 1 of C.P.C., and Section 105 & 106 of the Trade &
                     Merchandise Marks Act, 1958 and under Sections 55, 56, 60 & 62 of the
                     Copyright Act, praying as follows:-
                                   a) granting permanent injunction restraining the defendants by
                     themselves, their servants or agents or anyone claiming through them from
                     in any manner infringing the Plaintiff's registered trade mark letter “W” with
                     the word WOODY'S and the trading style WOODY'S by using the letter
                     “W” as their trade mark, the word WOODY'S as part of their trading style


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https://www.mhc.tn.gov.in/judis/
                                                                                              C.S.No.799 of 1999



                     and in their E-mail address, or any other mark or marks which are in any
                     way similar to the Plaintiff's well established trading style WOODY'S and
                     the registered trade mark letter “W” with the word “WOODY'S”;
                                   b)granting permanent injunction restraining the defendants by
                     themselves, their servants or agents or any one claiming through them in
                     any manner infringing the Plaintiff's copyrighted artistic work “W”with the
                     word “WOODY'S” by using the offending artistic work “W” with the word
                     WOODY'S or any other artistic work which are in any way deceptively
                     similar to the Plaintiff's Copyrighted artistic work letter “W” and the word
                     WOODY'S';
                                   c) granting a permanent injunction restraining the defendants by
                     themselves, their servants or agents or any one claiming through them from
                     in any manner passing off of their business and food stuffs under the
                     offending trade mark and trading style WOODY'S along with the letter “W”
                     as and for the Plaintiff's well established food stuffs sold under the trade
                     mark and the trading style “WOODY'S” and the letter “W”, either by
                     manufacturing or selling or offering for sale or using the same in their E-
                     mail address or in any manner advertising the same;
                                   d) directing the defendant to render a true and faithful account of
                     the profits earned by it under the trade mark, trading style and the artistic
                     work letter “W” and the word “WOODY'S” and directing payment of such
                     profits to the Plaintiffs for the passing off committed by the defendants;
                                   e) directing the defendants to pay to the Plaintiff's the costs of the
                     suit.


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https://www.mhc.tn.gov.in/judis/
                                                                                            C.S.No.799 of 1999



                                            For Plaintiffs      : Mr.S.Diwakar for
                                                                   M/s.TMT Law Practice
                                            For Defendant       : Mr.Avinash Wadhvani for
                                                                          Mr.V.Raghavachari


                                                        JUDGMENT

Mr.S.Diwakar, learned counsel appearing for the plaintiffs would

submit that despite his efforts, he is unable to contact the plaintiffs.

2.Recording the said statement, this suit is dismissed for non-

prosecution. No costs. Consequently, connected applications, if any, are

closed.

29.09.2021 kkn Internet:Yes/No Index:Yes/No Speaking/Non-Speaking

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

29.09.2021 kkn

https://www.mhc.tn.gov.in/judis/ C.S.No.799 of 1999

R.SUBRAMANIAN, J.

KKN

C.S.No.799 of 1999

29.09.2021

https://www.mhc.tn.gov.in/judis/