Madras High Court
Balsara Hygiene Products Limited vs K.Dhanraj on 30 September, 2021
C.S.No.736 of 2001
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.736 of 2001
Balsara Hygiene Products Limited,
Balsara House, 43, Nagindas Master Road, Fort,
Mumbai – 400 001. ...Plaintiff
Vs.
1.K.Dhanraj, carrying on business
under the name and style of P.B.Cosmetics,
at 1227-A, Avanashi Road, P.N.Palayam,
Coimbatore – 641 307.
2.D.Premalatha proprietrix of
Ve.Es.P.Agency, carrying on business,
at 145, NGN Street, Sidhapudor,
Coimbatore – 641 044, Tamil Nadu.
3.Mallikai Departmental Stores (P) Limited,
197, T.V.Swamy Road (W), R.S.Puram,
Coimbatore – 641 001. ...Defendants
Prayer: Plaint filed under Order IV Rule 1 of the Original Side rules and
under Order VII Rule 1 of C.P.C., r/w. Sections 28, 105 & 106 of the Trade
and Merchandise Marks Act, 1958, praying as follows:-
a) permanent injunction restraining the Defendants and each of
them whether by themselves or their respective servants or agents or assigns
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C.S.No.736 of 2001
or otherwise howsoever from infringing the registered trade marks
“ODODNIL” and / or “ODOMOS” of the plaintiff in any way and from
selling or offering for sale or marketing any of the Defendant No.1's
products under the said trade mark “ODOSCENT” or any mark deceptively
or confusingly similar to or in colourable imitation of the plaintiff's said
registered trade marks ODONIL and / or ODOMOS.
b) permanent injunction restraining the Defendants, whether by
themselves or by their servants or agents or assigns or otherwise howsoever
from passing off or attempting to pass off or causing, enabling or assisting
others to pass off the products not of the plaintiff as and for the products of
the Plaintiffs by use in connection therewith or in course of trade the said
word or trade mark “ODOSCENT” or any word name or mark being a
substantial reproduction or colorable imitation of the plaintiff's trade marks
ODONIL and / or ODOMOS and / or ODOPIC.
c) delivery up or destruction upon oath of all moth repellant
preparation bearing the trade mark “ODOSCENT” together with all the
cartons, labels, stamps stationery, price lists, literature, advertising
materials, blocks, scripts, dies, and all other materials bearing the infringing
trade mark “ODOSCENT” and instruments used for printing the same or
any mark deceptively similar to or in colourable imitation of the plaintiff's
trade mark ODONIL and / or ODOMOS and / or ODOPIC the possession,
custody or control of the Defendant and verification upon oath that the
Defendants have no such further materials in their possession, custody or
control;
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C.S.No.736 of 2001
d) decree directing the defendants to render a true and faithful
account in respect of the infringed products sold by the Defendants from the
date of induction into the market.
e) for payment of damages of the amount so found to have been
made by the Defendants suffered by the Plaintiff and a decree for the
amount found due upon such enquiry.
f) costs.
g) further and / or other reliefs.
For Plaintiff : Mrs.Elizabeth Seshadri for
Mr.H.Karthik Seshadri
For Defendants : Set ex-parte
JUDGMENT
Mrs.Elizabeth Seshadri, learned counsel appearing for the plaintiff
would submit that she has got instructions to withdraw the suit. She has
also filed a memo to that effect. The memo is taken on record and this suit
is dismissed as withdrawn. No costs.
30.09.2021
kkn
Internet:Yes
Index:No
Non-Speaking
https://www.mhc.tn.gov.in/judis/
C.S.No.736 of 2001
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendants:
Nil
30.09.2021
kkn
https://www.mhc.tn.gov.in/judis/
C.S.No.736 of 2001
R.SUBRAMANIAN, J.
KKN
C.S.No.736 of 2001
https://www.mhc.tn.gov.in/judis/
C.S.No.736 of 2001
30.09.2021
https://www.mhc.tn.gov.in/judis/
