Madras High Court
M/S.Vasanta Bhavan Hotels India ... vs Vasantha Bhavan Restaurant on 17 October, 2022
C.S(Comm. Div.)No.191 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.10.2022
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S(Comm. Div.)No.191 of 2022
and
O.A.Nos.569 & 570 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 Restaurant
No.39, Vadakku Veethi Sinna Kadai Theru
Tharangambadi Road, Mayiladuthurai
Tamil Nadu - 609 001. .. Defendant
This Civil Suit is preferred, under Order VII Rule 1 of Civil
Procedure Code, 1908 read with Order IV Rule 1 of High Court O.S.
Rules and Sections 134 and Section 135 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
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C.S(Comm. Div.)No.191 of 2022
"VASANTA BHAVAN" by using the offending Trade Mark and Trading
style "VASANTA BHAVAN RESTAURANT" or any other mark or
marks which are similar or in any way deceptively similar to or a
colorable 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 "VASANTA BHAVAN RESTAURANT" or any other mark
or marks which are similar or in any way deceptively similar to or a
colorable 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 "VASANTA BHAVAN RESTAURANT" 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 "VASANTA BHAVAN
RESTAURANT" 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.191 of 2022
along with Ms.R.Roshini
JUDGMENT
Mr.Vijayan Subramanian, learned counsel along with
Ms.R.Roshini counsel on record for sole plaintiff is before this
Commercial Division. Learned counsel submits that he has instructions
from the plaintiff company to withdraw the captioned suit. Saying so,
learned counsel has made an endorsement in the case file, a scanned
reproduction of which is as follows:
M.SUNDAR, J.
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C.S(Comm. Div.)No.191 of 2022
mk
2. The learned counsel reiterates the aforementioned endorsement
in the hearing.
3. In the light of the endorsement made and reiteration of the same
in the hearing, captioned Civil Suit is disposed of as withdrawn i.e.,
dismissed as withdrawn. Consequently, connected applications are
closed. There shall be no order as to costs.
17.10.2022
Index : Yes/No
Speaking/Non-speaking order
mk
C.S(Comm. Div.)No.191 of 2022
and
O.A.Nos.569 & 570 of 2022
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