Madras High Court
Mr.K.Mangudithangaraj vs Mrs. Thirumalsamy Shanthi on 18 April, 2023
C.S.No.379 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2023
CORAM:
THE HONOURABLE Mr. JUSTICE S.SOUNTHAR
C.S.No.379 of 2020
Mr.K.Mangudithangaraj,
Trading as Poonam Enterprises,
No.921, High Block,
1st Main Road, TNHB Nagar,
Velacherry, Chennai – 600 042. ...Plaintiff
Vs.
1. Mrs. Thirumalsamy Shanthi,
Trading as Punithan Food Products,
1, Kovalan Nagar,
6th Cross Street, Pallikarnai,
Chennai -600 100.
2. Mr.Karnan,
No.3, Kovalan Nagar,
6th Street, Pallikaranai,
Chennai – 600 100. ... Defendants
PRAYER: This Civil Suit is filed under Order IV Rule 1 of O.S. Rules, 1956
read with Order VII Rule 1 of Civil Procedure Code, 1908 read with
Sections 27, 28, 29, 134 and 135 of the Trademarks Act, 1999 read with
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C.S.No.379 of 2020
Sections 51, 55, 62 of the Copyright Act, 1957 and Sections 2(1) (c ) (xvii)
and 7 of the Commercial Courts Act, 2015; praying to pass the judgment and
decree:-
a. for a permanent injunction restraining the Defendants, their men,
agents, servants or any one claiming through them from in any manner
infringing the Plaintiff's registered trademark label POONAM registered
under No.959991 in class 29 as plaint document No.1 hereto by using the
offending trademark label which is identical or deceptively similar to or a
colourable imitation of the Plaintiff's registered trademark or by using any
other mark, label or device which is identical or deceptively similar or a
colourable imitation of the Plaintiff's registered trademark;
b. for a permanent injunction restraining the Defendants, their men,
agents, servants or any one claiming through them from in any manner
passing off their goods as that of the Plaintiff's by using the offending
trademark “PUNITHAM” or any other device or label or trade dress which is
identical or deceptively similar to that of the Plaintiff's trademark label and
trade dress POONAM, either by manufacturing or offering for sale of the
products under the offending trademark label and trade dress or in any
manner advertising the products under the offending trademark, trade dress
and artistic work;
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C.S.No.379 of 2020
c. for a permanent injunction restraining the Defendants, their men,
agents, servants or any one claiming through them from in any manner
infringing the Plaintiff's copyright over the artistic work in the trade mark
label POONAM by using the offending trade mark label or trade dressor any
other trade mark label or trade dress, which is identical or substantial
reproduction of the Plaintiff's artistic work in the trade mark label and trade
dress POONAM;
d. Directing the defendant to pay the plaintiff damages a sum of
Rupees 25,00,000 for the illegal use of the plaintiff's trademark.
e. Directing the Defendant to render true and faithful accounts of the
profits earned by them through the sale of offending trademark PUNITHAM
and directing payment of such profits of the plaintiff;
f. Directing the defendants to surrender the offending trademark label
PUNITHAM;
g. Directing the Defendants to pay the costs of the suit to the plaintiff;
h. Granting such further or other relief as this Court may deem fit and
proper in the circumstances of the case.
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C.S.No.379 of 2020
For Plaintiff : No appearance
For Respondent : Mr.V.Vivek
JUDGMENT
It is seen from the records that on 28.03.2023, the learned Master
ordered this suit to be listed before this Court, due to non cooperation of the
plaintiff for completing the service on the second respondent/defendant.
2. When the matter was listed before this Court on 11.04.2023, there
was no representation for the plaintiff . In order to give an opportunity to the
plaintiff, the Registry was directed to list the matter today (18.04.2023) under
the caption “for dismissal”. Even today (18.04.2023) there is no
representation for the plaintiff. Hence, the suit is dismissed for default. No
costs.
18.04.2023
nti
Index:Yes/No
Speaking Order: Yes/No
https://www.mhc.tn.gov.in/judis
C.S.No.379 of 2020
S.SOUNTHAR, J.
nti
C.S.No.379 of 2020
18.04.2023
https://www.mhc.tn.gov.in/judis
