Madras High Court
M/S.Tvs Sundram Iyengar And Sons ... vs Mr.K.R.Palaneappan on 23 March, 2022
C.S.No.767 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.03.2022
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.767 of 2008
M/s.TVS Sundram Iyengar and Sons Limited
Rep by its Vice President Mr.Girish Paliath
My TVS Services
No.7B, West Veli Street,
Madurai - 625 001. ... Plaintiff
Vs.
Mr.K.R.Palaneappan
Proprietor
M/s.KRSA Auto Care
14, Giriappa Road
G.N.Chetty Road, T.Nagar
Chennai - 600 017. ... Defendant
Plaint filed under Sections 134 & 135 of the Indian Trademark Act
1999 read with Order IV Rule 1 of O.S. Rules and Order VII Rule 1 of CPC,
praying for a judgment and decree as follows :
a) Grant a permanent injunction restraining the defendant, his men,
agents, servants or persons acting on his behalf from infringing the plaintiff's
registered mark “TVS” in any manner including by the use of the “MyTVS”
logo/mark.
b) Grant a permanent injunction restraining the defendant, his men,
agents, servants, or persons, acting on his behalf from using the “MyTVS”
https://www.mhc.tn.gov.in/judis
1/4
C.S.No.767 of 2008
logo/mark and thereby pass off his goods / services as that of the plaintiff.
c) Direct the defendant to pay the plaintiff a sum of Rs.10,00,000/- as
damages for improper use of the plaintiff's mark/logo after termination and
further account for the profits of his business after 31.05.2007 and pay the
same to the plaintiff along with interest @ 18% per annum from the date of
plaint till realisation.
d) Directing the defendant to pay costs of the suit.
For Plaintiff : Mr.T.K.Bhaskar
For Defendant : Mr.Kalyan Kailasam (NA)
JUDGMENT
The learned counsel appearing for the plaintiff seeks permission of this
Court to withdraw this suit. He has also filed a memo dated 22.03.2022 to the
following effect :
“1. The plaintiff had instituted the instant suit in 2008
under Sections 134 & 135 of the Trademarks Act, 1999 inter alia
for grant of a permanent injunction restraining the defendant, his
men, agents, servants or persons acting on his behalf from
infringing the plaintiff's registered mark 'TVS' in any manner
including by the use of the “My TVS” logo/mark, a permanent
injunction restraining the defendant, his men, agents, servants
or persons acting on his behalf from using the “My TVS”
logo/mark and thereby passing off his goods/services as that of
the plaintiff and for payment of damages.
https://www.mhc.tn.gov.in/judis
C.S.No.767 of 2008
2. The plaintiff had also filed interim applications i.e.
O.A.No.890 and 891 of 2008 seeking for an interim injunction
restraining the defendant from infringing the plaintiff's registered
mark 'TVS' in any manner including by the use of the “My TVS”
logo/mark and for an interim injunction restraining the defendant
from using the “My TVS” logo/mark and thereby passing off the
plaintiff's goods and services as his own pending disposal of the
suit. This Hon'ble Court was pleased to grant an interim
injunction vide order dated 19.08.2008 restraining the defendant
from using the name of the plaintiff for a period of four weeks.
3. The defendant has since the interim order discontinued
the usage of the plaintiff's mark. Therefore, the plaintiff desires
to withdraw the present suit and has given us the instructions to
withdraw the suit with liberty to file fresh proceedings in case the
defendant continues to infringe the plaintiff's mark in any
manner in the future.”
2. The aforesaid memo dated 22.03.2022 is recorded by this Court. In
view of the permission sought for and 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 defendant in the event the defendant continues
to infringe the plaintiff's mark. No costs.
23.03.2022
raja
https://www.mhc.tn.gov.in/judis
C.S.No.767 of 2008
V.BHAVANI SUBBAROYAN.J.,
raja
C.S.No.767 of 2008
23.03.2022
https://www.mhc.tn.gov.in/judis
