Madras High Court
M/S.Vasanta Bhavan Hotels India ... vs Vasantha Bhavan on 7 November, 2022
C.S.(Comm. Div.)No.174 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.11.2022
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.(Comm. Div.)No.174 of 2022
M/s.Vasanta Bhavan Hotels India Private Limited
Represented by its Director
Mr.Anand Krishnan
Having its office at No.34
Developed Plots (South Phase)
Industrial Estate, Guindy,
Chennai-600 032. .. Plaintiff
Vs.
Vasantha Bhavan
Jalakandapuram Main Road
Near Rice Mill, Nangavalli
Salem District, Tamil Nadu - 636 454. .. Defendant
This Civil Suit is preferred, under Order IV, Rule 1 of CPC read
with Order IV Rule 1 of High Court O.S. Rules and Section 134 and
Section 134 of the Trade Marks Act, 1999 praying
(a) Granting a permanent injunction restraining the defendant,
their men, servants, agents or anyone claiming through or under them
from in any manner infringing the plaintiff Trade Mark and Trading style
"VASANTA BHAVAN" by using the offending Trade Mark and Trading
style "VASANTHA BHAVAN" or any other mark or marks which are
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C.S.(Comm. Div.)No.174 of 2022
similar or in any way deceptively similar to or a colourable imitation of
the plaintiffs Trade Mark "VASANTA BHAVAN";
(b) Granting a permanent injunction restraining the defendant,
their men, servants, agents or anyone claiming through or under them
from in any manner passing-off the plaintiff Trade Mark and Trading
style "VASANTA BHAVAN" by using the offending Trade Mark and
Trading style "VASANTHA BHAVAN" or any other mark or marks
which are similar or in any way deceptively similar to or a colourable
imitation of the plaintiffs Trade Mark "VASANTA BHAVAN";
(c) Directing the defendant to render a true and faithful account of
the profits earned by them through the sale of food products bearing the
offending trade mark "VASANTHA BHAVAN" and directing payment of
such profits to the plaintiff by way of damages for infringement
committed by the defendant;
(d) Directing the defendant to surrender to plaintiff the entire stock
of unused offending goods with Trade Mark "VASANTHA BHAVAN"
with name boards, labels, wrappers, boxes, covers, bags, packets,
cartons, bills, advertisements, materials, reports, envelopes, brochures,
printing blocks etc., bearing the offending trademark for destruction;
(e) Directing to the defendant to pay the plaintiff the costs of the
suit;
For Plaintiff : Mr.Vijayan Subramanian
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C.S.(Comm. Div.)No.174 of 2022
JUDGMENT
Matter mentioned at half past ten.
2. Mr.Vijayan Subramanian, learned counsel on record for sole
plaintiff submits that the captioned suit has been settled out of Court.
Learned counsel on record for plaintiff, on instructions from plaintiff
company, seeks leave of this Commercial Division to withdraw the
captioned suit. Saying so, learned counsel has made a withdrawal
endorsement in the case file.
3. In th light of the narrative thus far, captioned suit is dismissed as
withdrawn. There shall be no order as to costs.
07.11.2022
(1/2)
Index : Yes/No
Speaking/Non-speaking order
mk
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C.S.(Comm. Div.)No.174 of 2022
M.SUNDAR, J.
mk
C.S.(Comm. Div.)No.174 of 2022
07.11.2022
(1/2)
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