Madras High Court
Mrf Limited vs M.S.Trading Co on 7 April, 2022
C.S.No.458 of 1996
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.458 of 1996
MRF Limited
124, Greams Road,
Madras - 600 006. ... Plaintiff
Vs.
1. M.S.Trading Co.
Babari Mandi,
Aligarh - 202 001.
2. Mohamed Suleiman
Proprietor,
M.S.Trading Co.
Babari Mandi,
Aligarh - 202 001.
3. Gupta Lock & Hardware Agency,
113 A, Manohardas Katra,
Calcutta - 7 ... Defendants
Plaint filed under Order IV Rule 1 of O.S. Rules and Sections 27, 105
& 106 of the Trade and Merchandise Marks Act, 1958 and Sections 55 & 62
of the Copy Right Act 1957, praying for a judgment and decree as follows :
a) granting a permanent injunction restraining the defendants, by
themselves or through their servants, agents, representatives or any one
claiming through them from reproducing, publishing, printing or causing to
publish or using in any manner or in any material form on any goods, the
impugned artistic work as shown in Document No.2 or any other artistic work
https://www.mhc.tn.gov.in/judis
1/4
C.S.No.458 of 1996
which contains a reproduction of the whole or any portion of the plaintiff's
MRF Connected Letter Device artistic work as displayed in Document No.1
and / or in any manner infringing the Copyright of the plaintiff in the artistic
work as shown in Document No.1.
b) granting a permanent injunction restraining the defendants and their
servants, agents, representatives or any one claiming through them from
manufacturing, selling, offering for sale or advertising for sale their Iron Aldrop
Door Bolts and other goods, using in connection with the goods of the
plaintiff's trademark MRF and / or the trade mark device shown in Document
No.2 or any other trade mark, which is identical with or deceptively similar to
the plaintiff's trade marks 'MRF' or the MRF Connected Letter Device trade
mark (shown in Document No.1) and passing off or enabling others to pass
off the defendant's goods as and for those of the plaintiff's.
c) for mandatory injunction directing the defendants to surrender to the
plaintiff, all representations in any material form and all their Door Bolts and
other goods, packaging, materials, cartons, sales promotion material,
advertising material and hoardings, letter heads, visiting cards, office
stationery and all other materials containing / bearing the trade mark MRF
and / or the trade mark / artistic work as shown in Document No.2 to the
plaintiff for destruction.
d) for a preliminary decree in favour of the plaintiff, directing the
defendants to render an account of profits made by them by the use of the
trade mark MRF and the trade mark / artistic work shown in Document No.2
on Door Bolts or on any of their goods or in any other manner and a final
decree in favour of the plaintiff for the amount of the profit found to have been
made by the defendants after the defendants have rendered accounts.
https://www.mhc.tn.gov.in/judis
2/4
C.S.No.458 of 1996
e) directing the defendants to pay to the plaintiff the costs of the suit.
For Plaintiff : Mr.C.Daniel
D1 & D2 - Unserved
D3 - Dismissed for Non Prosecution
on 15.10.1997
JUDGMENT
The learned counsel appearing for the plaintiff would submit that the
defendants have stopped using the plaintiff's trademark, and at present, they
are not carrying on any business by using the plaintiff's trademark.
2. In view of the submission made by the learned counsel for the
plaintiff, this Civil Suit is disposed of with liberty to the plaintiff to file a fresh
suit against the defendants in the event the defendants continue to infringe
the plaintiff's trademark. No costs.
07.04.2022
raja
Index : yes/no
Internet : yes/no
https://www.mhc.tn.gov.in/judis
C.S.No.458 of 1996
V.BHAVANI SUBBAROYAN.J.,
raja
C.S.No.458 of 1996
07.04.2022
https://www.mhc.tn.gov.in/judis
