Madras High Court
M/S. Paulsons Beauty And Fashion ... vs M/S.Tony & Guy Wedding Salon on 19 April, 2023
C.S.No.47 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2023
CORAM:
THE HONOURABLE Mr. JUSTICE S.SOUNTHAR
C.S(Comm. Div.) No.47 of 2023
and O.A.Nos.170 & 173 of 2023
and A.No.1299 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.Tony & Guy Wedding Salon,
Edapally- Panvel Highway,
Puthiyavalapu, Kanhangad,
Kerala – 671 531 ... Defendant
PRAYER: This Civil Suit is filed under Order VII Rule 1 of Civil Procedure
Code, 1908 read with Order IV Rule 1 of High Court O.S. Rules and Section
134 and Section 135 of the Trademarks Act, 1999 ; praying to pass the
judgment and decree:-
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https://www.mhc.tn.gov.in/judis
C.S.No.47 of 2023
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 “TONI &
GUY” by using the offending Trade Mark and Trading style “TONY &
GUY” 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.
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 “TONY &
GUY” 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 the Defendant to pay the Plaintiff the costs of the suit and
pass such further or other orders as this Court may deem fit and proper in
circumstances of the case.
For Plaintiff : M/s.Preetha Natarajan
for Vijayan Subramanian
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https://www.mhc.tn.gov.in/judis
C.S.No.47 of 2023
JUDGMENT
The learned counsel for the plaintiff filed a memo, stating that
subsequent to the service of notice in the injunction application, the
respondent informed him that he had changed the name of the respondent,
undertaking as “BEAUTY & GUY” . It is also stated that the defendant has
executed an affidavit of undertaking stating that the name of the defendant
has been changed to “BEAUTY & GUY”.
2. The learned counsel for the plaintiff also filed an affidavit of
undertaking said to have been executed by the defendant and sent to the
learned counsel for the plaintiff. The memo filed by the learned counsel for
the plaintiff dated 18.04.2023 is recorded. The suit is disposed of
accordingly. Consequently, connected applications are closed. No costs.
19.04.2023
nti
Index:Yes/No
Speaking Order: Yes/No
https://www.mhc.tn.gov.in/judis
C.S.No.47 of 2023
S.SOUNTHAR, J.
nti
C.S(Comm. Div.) No.47 of 2023
and O.A.Nos.170 & 173 of 2023
and A.No.1299 of 2023
19.04.2023
https://www.mhc.tn.gov.in/judis
