Madras High Court
Bharathi Consumer Care Products ... vs Sanku Soap Works on 7 August, 2023
C.S. No.682 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2023
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.S. No.682 of 2016
Bharathi Consumer Care Products Pvt.Ltd.,
No.42, Bhavani Ellaiamman Koil Street,
Otteri, Chennai 600 012,
rep by its Chairman-cum-Executive Director,
Mr.Arunachalam Manickavel .. Plaintiff
-Vs.-
Sanku Soap Works
1-117/1, Rajabollaram,
(M) Medchal, Hyderabad-501401
State of Telangana.
and also at
Survey No. 63, Medchal,
Near Medi City Hospital X Roads,
Rajabollaram Village Hyderabad-501401 .. Defendant
PLAINT FILED UNDER ORDER IV RULE 1 OF O.S. RULES AND
ORDER VII RULE 1 OF CPC READ WITH SECTIONS 27, 28, 29, 134
and 135 of THE TRADEMARKS ACT 1999 & SECTIONS 51, 54, 55
AND 62 OF THE COPYRIGHTS ACT, praying to grant a judgment and
decree on the following terms.
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C.S. No.682 of 2016
a) a permanent injunction restraining the defendant by themselves,
their directors/partners as the case may be, their legal representatives,
successors in business, assigns, servants, agents, transporters, distributors,
printers, stockists, wholesalers, dealers, retailers, advertisers or any one
claiming through or under them from infringing plaintiff's registered
trademark SILVER FOAM XXX label/pouch by manufacturing,
distributing, marketing, selling, offering for sale, advertising or in any
other manner dealing in detergent powder, detergent cake, washing
powder etc., or any other product bearing the deceptively similar/almost
identical trademark and identical package, wrapper, container, carton,
label with colour scheme, getup, layout which are similar to plaintiff's
registered trade mark SILVER FOAM XXX label/pouch in any manner
whatsoever;
(b) a permanent injunction restraining the defendant by themselves,
their directors/partners as the case may be, their legal representatives,
successors in business, assigns, servants, agents, transporters, distributors,
printers, stockists, wholesalers, dealers, retailers or any one claiming
through or under them from committing acts of copyright infringement by
making substantial reproduction of the plaintiff's registered copyright in
the artistic work SILVER FOAM XXX LABEL by use of identical colour
scheme of red, white and yellow with blue background for their SUN
package/wrapper or in any manner whatsoever,
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C.S. No.682 of 2016
(c) a permanent injunction restraining the defendant by themselves,
their directors/partners as the case may be, legal representatives,
successors in business, assigns, servants, agents, transporters, distributors,
printers, stockists, wholesalers, dealers, retailers, advertisers or any one
claiming through or under them from committing acts of passing off and
enabling others to pass off by manufacturing, distributing, marketing,
selling, offering for sale, advertising or in any other manner dealing in
detergent powder, detergent cake, washing powder etc., or any other
product bearing the deceptively similar package, wrapper, container,
carton, label with colour scheme, getup, layout which are similar to
plaintiff's trade dress & get up in SILVER FOAM XXX package/wrapper
in any manner whatsoever,
(d) the defendant be ordered to surrender to the plaintiff for
destruction, all containers, pouches, prints, dies, blocks, moulds and
plates, screen prints, packing and advertising material and any other
material in their possession, bearing the mark SUN which is a substantial
reproduction of the plaintiff's trade dress & get up and copyright in the
artistic work SILVER FOAM XXX package/wrapper;
(e) the defendant be ordered to pay to the plaintiff a sum of Rs.
1,00,000/- as damages for their wrongful and illegal activities by use of
trademark EXTRA FOAM SUN label and artistic work therein;
(f) a preliminary decree be passed in favour of the plaintiff directing
the Defendant to render account of profits made by use of trademark
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C.S. No.682 of 2016
EXTRA FOAM SUN label with identical artistic work therein and final
decree be passed in favour of the plaintiff for the amount of profits thus
found to have been made by the defendant, after the latter have rendered
accounts;
(g) for costs of the suit;
For plaintiff :M/s.Vandana Jain
for Mr.Arun C.Mohan
For Defendant : Mr.M.Sriram
JUDGMENT
The learned counsel for the plaintiff seeks permission of this Court
to withdraw the suit and he has also made an endorsement to that effect.
2. In view of the submission and endorsement made by the learned
counsel for the plaintiff, the Civil Suit is dismissed as withdrawn. No
costs.
07.08.2023
srn
https://www.mhc.tn.gov.in/judis
C.S. No.682 of 2016
P.T.ASHA, J.,
srn
C.S. No.682 of 2016
07.08.2023
https://www.mhc.tn.gov.in/judis
