Madras High Court
Aasife Biriyani (P) Ltd vs Varalakshmi Food on 10 April, 2023
C.S.(Comm.Div).No.142 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.S.(Comm.Div).No.142 of 2022
Aasife Biriyani (P) Ltd.,
Represented by its Managing Director Mr.C.Y.Aasife,
Glrs No.325, D. No.11/3Q, Railway Station Road,
Alandur, Chennai 600 016
Tamil Nadu, India. ... Plaintiff
vs
1.Varalakshmi Food,
No. 109/5B, 109/8C, Monasakthi Nagar, Pallipetai Village,
Maduranthagam, Kancheepuram – 603 301,
Tamil Nadu, India.
2.S.Mukesh ... Defendants
Prayer: Civil Suit is filed under Order VII Rule 1 Civil Procedure Code read
with Order IV Rule 1 of Original Side Rules, read with Sections 27, 29, 134
and 135 of Trademark Act 1999, Sections 51, 55 and 62 of the Copy Right
Act, 1957, praying to,
(i) Permanent injunction restraining the Defendant, all his principal
officers, staff, men, agent, servants, successors, assigns in business,
representatives, and nay other person from infringing the registered
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C.S.(Comm.Div).No.142 of 2022
trademark “aasife” of the Plaintiff having Registration Number 3768877 or
any other word/words/logo/artistic work/design/device that are identical or
deceptively similar to the said registered Trademark of the Plaintiff, and
thereby restrain the Defendant from in any manner infringing the registered
trademark of the Plaintiff.
(ii) Permanent injunction restraining the Defendant, all his principal
officers, staff, men agent, servants, successors, assigns in business,
representatives and any other person passing off his/their services by using
the registered trademark “aasife” of the Plaintiff or any other
word/words/logo/artistic work/design/device that are identical or deceptively
similar to the said mark of the Plaintiff in respect of providing food and
drinks, temporary accommodation, and thereby restrain the Defendant in any
manner from passing off.
(iii) Permanent injunction restraining the Defendant, all his principal
officers, staff, men, agent, servants, successors, assigns in business,
representatives and any other person from violating the copyright of the
Plaintiff by using the registered trademark “aasife” or any other
word/words/logo/artistic work/ design/device that are identical or deceptively
similar to the said copyright of the Plaintiff, and thereby restrain the
Defendant from in any manner violating the copyright of the Plaintiff.
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C.S.(Comm.Div).No.142 of 2022
(iv) A Preliminary Decree be passed in favour of the Plaintiffs directing
the Defendants to render a true and faithful accounts of all profit made by
them, using the Plaintiff's Said Trademark & Copyright and a final decree be
passed in favour of the Plaintiff for the amount of profit thus found to have
been made by the Defendants, together with interest, after the Defendants
have rendered accounts.
(v) and cost of suit.
For Plaintiff : Ms.Hansika.N
For Defendants : Mr.G.Magesh Kumar
JUDGMENT
The learned counsel appearing for the plaintiff made an endorsement
seeking leave of the Court to withdraw the suit.
2. Leave is granted. The civil suit in C.S.(Comm.Div).No.142 of 2022
is dismissed as withdrawn. No costs.
10.04.2023
Index : Yes / No
NCC : Yes / No
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https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div).No.142 of 2022
S.SOUNTHAR, J.
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C.S.(Comm.Div).No.142 of 2022
10.04.2023
https://www.mhc.tn.gov.in/judis
