Madras High Court
Om Pharma vs Y.Jaganmohan on 22 February, 2022
C.S.No.94 of 2002
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.94 of 2002
Om Pharma
22, Rue Du Bois-Du-Lan,
CH-1217, Meyrin 2/Geneva,
Switzerland,
Rep. by its Power of Attorney,
Mr.R.R.Nair. ... Plaintiff
Vs.
1. Y.Jaganmohan
Proprietor,
M/s.Mano Pharmaceuticals,
No.265, Poonamallee High Road,
Aminjikarai, Chennai - 600 029.
2. The Madras Pharmaceuticals,
137-B, Old Mahabalipuram Road,
Karapakkam, Chennai - 600 094.
3. M/s.Mano Pharmaceuticals Pvt. Ltd.,
No.265, Poonamallee High Road,
Aminjikarai, Chennai - 600 029.
Rep. by its Director.
[R3 impleaded as per order dated 06.08.2002
in A.No.2232 of 2002 in C.S.No.94 of 2002 ... Defendants
Plaint filed under Order IV Rule 1 of the Madras High Court (OS) Rules
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C.S.No.94 of 2002
Order VII Rule 1 of CPC read with Sections 27, 28, 29, 105 and 106 of the
Trade and Merchandise Marks Act 1958, praying for a judgment and decree
as follows :
a) a perpetual injunction restraining the defendants, their distributors,
stockists, servants, agents, retailers, representatives or any person claiming
under them from in any manner manufacturing, marketing, selling, offering for
sale, stocking, advertising, directly or indirectly dealing in medicinal
preparations under the trademark 'DOBIUM' or any other trademark which is
identical with and/or deceptively similar to the trademark 'DOXIUM' of the
plaintiff so as to infringe the plaintiff's trademark 'DOXIUM' registered under
No.546943.
b) a perpetual injunction restraining the defendants, their distributors,
stockists, servants, agents, retailers, representatives or any person claiming
under them from in any manner manufacturing, marketing, selling, offering for
sale, stocking, advertising, directly or indirectly dealing in medicinal products
under the trademark 'DOBIUM' or any other trademark which is identical with
and/or deceptively similar to the trademark 'DOXIUM' of the plaintiff so as to
pass off and/or enable others to pass off the defendant's products as and for
the products of the plaintiff or in any other manner whatsoever.
For Plaintiff : Mr.R.Parthasarathy
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C.S.No.94 of 2002
For D1 : Mr.S.Srinivasan
For D2 : Mr.T.D.Selvan Babu
For D3 : No Appearance
JUDGMENT
The learned counsel for the plaintiff seeks permission of this Court to
withdraw this Civil Suit. He has also filed a memo dated 17.02.2022 to the
effect that, in the present suit, after listing of the matter in 2021, since the 1 st
and 3rd defendants have not entered appearance despite completion of
substituted service, the plaintiff had taken steps to ascertain if the cause of
action for the present suit survived. On verification, it has transpired that the
defendants have discontinued use of the mark DOBIUM and supply of the
product has been closed. Hence, it is prayed that the plaintiff may be
permitted to withdraw the present suit with liberty to institute a fresh suit
against the defendants in the event of the defendants recommencing their
infringing activity as a fresh cause of action.
2. The aforesaid memo dated 17.02.2022 is recorded by this Court. In
view of the permission sought for and the memo filed by the learned counsel
for the plaintiff, this Civil Suit is dismissed as withdrawn with liberty to the
plaintiff to file a fresh suit against the defendants in the event of
recommencement of infringing activity by the defendants. No costs.
22.02.2022
raja
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C.S.No.94 of 2002
Index : yes/no
Internet : yes/no
V.BHAVANI SUBBAROYAN.J.,
raja
C.S.No.94 of 2002
https://www.mhc.tn.gov.in/judis
C.S.No.94 of 2002
22.02.2022
https://www.mhc.tn.gov.in/judis
