Vip City vs Vip City Developer
2023 Latest Caselaw 15957 Mad

Madras High Court

Vip City vs Vip City Developer on 8 December, 2023

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                                       C.S.No.282 of 2015

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 08.12.2023

                                                            CORAM

                                    THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                      C.S.No.282 of 2015
                                                             and
                                                      O.A.No.393 of 2015

                     VIP CITY
                     Represented by its sole proprietor,
                     Mr.SCP. Dhanapal having its head office at
                     17B/1, Mahalinga Chetty Street,
                     Mahalingapuram,
                     Nungambakkam, Chennai - 600 034                              ... Plaintiff

                                                              Vs.

                     VIP CITY DEVELOPER
                     Represented by Karthik,
                     Having his office at DVDL Complex,
                     2nd floor, Junction Main Road,
                     Salem - 5,
                     Salem District.                                              ... Defendant

                     PRAYER: Plaint filed under Order VII Rule I of C.P.C. read with Order IV
                     Rule 1 of High Court Original Side Rules and Section 134 and 135 of the
                     Trademarks Act, 1999, seeking for the following reliefs:
                                  a) 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 Trademark as that of the plaintiff by using the
                     offending Trade Mark and the trading style "VIP CITY" or by using any

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https://www.mhc.tn.gov.in/judis
                                                                                       C.S.No.282 of 2015

                     other Trademark which is similar or deceptively similar to that of the
                     Plaintiff's trade mark "VIP CITY".


                                  b) Directing the Defendant erase the name boards which shows the
                     business and layout name as VIP CITY and to surrender to Plaintiff the
                     entire Strips, brochures, printing blocks etc., bearing the offending
                     Trademark "VIP CITY".


                                  c) for cost of the suit.


                                         For Plaintiff       :   Mr.Vijayan Subramanian



                                                             JUDGMENT

Learned counsel for the plaintiff seeks permission of this Court to

withdraw this suit. He has also made an endorsement to that effect in the

Court bundle. Accordingly, this suit is dismissed as withdrawn.

Consequently, the connected application is closed. No Costs.

                                                                                          08.12.2023

                     Index              : Yes/No
                     Speaking Order : Yes / No

Neutral Citation Case: Yes / No ab

https://www.mhc.tn.gov.in/judis

ABDUL QUDDHOSE. J.,

ab

08.12.2023

https://www.mhc.tn.gov.in/judis