M/S. Paulsons Beauty And Fashion ... vs M/S.Doni & Guys Salon
2023 Latest Caselaw 3918 Mad

                                                                             C.S.No.48 of 2023

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 06.04.2023

                                                  CORAM:

                                  THE HONOURABLE Mr. JUSTICE S.SOUNTHAR

                                         C.S(Comm. Div.)No.48 of 2023
                                         and O.A.Nos.171 & 172 of 2023
                                             and A.No.1298 of 2023

               M/s. Paulsons Beauty and Fashion Pvt Ltd.,
               Represented by its Authorized Signatory,
               Shabnam Banu
               Having registered address at:
               No.12, Halls Road, Kilpauk,
               Chennai – 600 010.                                              ...Plaintiff

                                                      Vs.

               M/s.Doni & Guys Salon,
               No.31/60, Rajaji Road,
               Tambaram West, Chennai – 600 045.                           ... Defendant



               PRAYER: This Civil Suit is filed under Order VII Rule 1 of C.P.C read with
               Order IV Rule 1 of the Madras High Court Original Side Rules andSection
               135 of the Trade Marks Act, 1999 ; praying to pass the judgment and decree:-


                         a) Granting a permanent injunction restraining the Defendant, their
               men, servants, agents or anyone claiming through or under them from in any

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https://www.mhc.tn.gov.in/judis
                                                                                   C.S.No.48 of 2023

               manner infringing the Plaintiff Trade Mark and Trading Style “TONI &
               GUY” by using the offending Trade Mark and Trading style “DONI &
               GUYS” or any other mark or marks which are similar or in any way
               deceptively similar to or a colorable imitation of the Plaintiff's Trade Mark ;
                         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 “TONI &
               GUY” by using the offending Trade Mark and Trading style “DONI &
               GUYS” 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;
                         c) Directing to the Defendant to pay the Plaintiff the costs of the suit;



                                  For Plaintiff    :Mr.Vijayan Subramanian

                                  For Defendant    :Mr.S.S.Karthikeyan
                                                   JUDGMENT

The suit has been filed by the plaintiff seeking injunction restraining

the defendant from infringing/passing off the plaintiff's trademark “TONI &

GUY”.

2. After service of notice, the defendant entered appearance and filed

https://www.mhc.tn.gov.in/judis C.S.No.48 of 2023

an affidavit dated 05.04.2023, stating that the dispute between the parties are

amicably settled and the defendant has changed its name to “SMART

TRENDZ ELITE”. In the affidavit, the defendant also agreed to withdraw its

Trademark Application No.2905154 in class 44 pending before the

Trademark Registry.

3. The affidavit of the defendant dated 05.04.2023 is recorded and the

suit is disposed of accordingly. Consequently, connected Original

Applications in O.A.Nos.171 and 172 of 2023 and Application in A.No.1298

of 2023 are closed.

06.04.2023

nti Index:Yes/No Speaking Order: Yes/No

S.SOUNTHAR, J.

nti

https://www.mhc.tn.gov.in/judis C.S.No.48 of 2023

C.S(Comm. Div.)No.48 of 2023 and O.A.Nos.171 & 172 of 2023 and A.No.1298 of 2023

06.04.2023

https://www.mhc.tn.gov.in/judis