Madras High Court
M/S.Sri Narau'S Coffee Company ... vs M/S.Srimathi Mahalakshmiammal ... on 3 August, 2023
TR.C.S.No.101 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
TR.C.S.No.101 of 2020
1.M/s.Sri Narau's Coffee Company Limited,
Rep. by its Managing Director
P.Sivanantham
2.P.Sivanantham ...Plaintiffs
Vs.
1.M/s.Srimathi Mahalakshmiammal Educational
Trust, Rep. by its Managing Trustee R.P.Sarathy
2.M/s. Narasu's Sarathy Institute of Technology,
Rep. by its Managing Trustee R.P.Sarathy.
3.R.P.Sarathy (Died)
4.Sri. M.S.Narayanan
5.L.Venkatraman
6.N.Santhanakrishnan
7.R.Badriprasad
8.B.Jayashree
9.M.V.Balasubramaniam
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TR.C.S.No.101 of 2020
10.B.Latha
11.Narasu's Sarathy Enterprises Pvt. Ltd.
Rep. by its Managing Director
M.V.Balasubramaniam
12.Pranuthi
...Defendants
[Amended as per Order dated 16.08.2021 in A.No.2792 of 2021]
PRAYER: Plaint is filed under Order 7 Rule 1 to 6 of C.P.C, praying for
the following reliefs:-
1) Restraining the defendants, their men, agents, servants, staff and/or
any one claiming under them from in any manner infringing the Trade
mark/Word Mark "NARASU'S"( wore per se) or in any manner use it for
advertising or for any other purpose by way of a permanent injunction,
2) Restraining the defendants, their men, agents, servants, staff and
/or any one claiming under them from passing of the word mark/trade mark
"NARASU'S" or deceptively similar word get up, write up in any manner
inclusive of using the same any where and in any manner for any purpose,
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TR.C.S.No.101 of 2020
3) Restraining the defendants, their men, agents, servants, staff and/
or any one claiming under them from passing off the word mark/trade mark
"NARASU'S" either independently or with any other name or with any
identical word or similar word and/or deceptively similar word, to use the
word mark "NARASU'S" in any media like televisions, radios etc.,
newspapers, or posters or using the same in the transport vehicles and in
any kind of advertisements in the media like televisions, radios news
papers, magazines or books of any kind etc., by way of a permanent
injunction,
4) Directing the defendants to surrender the entire stock of unused
wrappers containing the word mark/trade mark "NARASU'S" to surrender
for destruction of all the labels, visiting cards, screen prints, posters,
advertising materials, pamphlets, books, prospectus, name boards and / or
any other materials with the word mark "NARASU'S" 'to the plaintiff
5) Directing the defendants to render true, proper and correct and
genuine account of the money earned by the defendants by using the word
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TR.C.S.No.101 of 2020
mark/trade mark "NARASU'S" and directing them to pay the same to the
plaintiff for the infringement and passing off committed by the defendants
6) award costs of the suit and
7) pass such other further relieves as this Hon'ble Court deems fit and
proper in the circumstances of the case and render justice.
For Plaintiffs : M/s.S.Suba Shiny
For Defendants : Mr.K.Rajasekaran [D.1,D.2,D.5 to D.11]
JUDGMENT
The learned counsel for the plaintiffs on instruction has submitted
that her client is ready to give up the 5th relief with reference to the 2nd
defendant. The 2nd defendant has sworn to an affidavit dated 09.06.2023 in
which they have set out that the 2nd defendant has changed their name from
"Narasu's Sarathy Institute of Technology" to "R.P.Sarathy Institute of
Technology" and the same has been intimated to the Anna University and
the All India Council for Technical Education who have also noted it on
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TR.C.S.No.101 of 2020
their files.
2. The 1st defendant is the trust which had been formed by the 3rd
defendant who is no more. In the affidavit, it has been stated that apart from
the 3rd defendant, the 4th defendant had also passed away and defendants 5,
9 and 10 have resigned from the 1st defendant trust and defendants 6, 7 and
8 continue to be the trustees. In the light of the above and the submission of
the plaintiff that they are ready to give up the 5th relief with reference to the
2nd defendant, the defendants 1, 2, 6, 7 and 8 have submitted to a decree in
respect of suit prayers 1, 2, 3 and 4. The plaintiff has given up the 5th relief.
3. The learned counsel for the plaintiffs has also made an
endorsement giving up the relief under paragraph No.5 of the prayer against
the defendant Nos.11 and 12 since there are no allegations of usage of the
trademark by the defendants 11 and 12 in the plaint. Since there are other
suits pending between the parties, the above suit is partly decreed.
03.08.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
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TR.C.S.No.101 of 2020
shr
P.T. ASHA, J,
shr
TR.C.S.No.101 of 2020
03.08.2023
(1/2)
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