Madras High Court
G.Rajendran vs Mr.Bhaskarreddy Chillavarti on 8 February, 2023
C.S.No.141 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.S.No.141 of 2021
and
O.A.Nos.216 and 217 of 2021
and
A.Nos.2542 and 2543 of 2021
1.G.Rajendran,
S/o.Shri Govindarajulu,
No.136, Usman Road,
T.Nagar, Chennai - 600 017.
2.GRT Jewellers (India) Private Limited,
Represented by its Managing Director
Mr.G.R.Ananthapadmanabhan,
No.136, Usman Road,
T.Nagar, Chennai - 600 017.
3.GRT Hotels & Resorts Private Limited,
Represented by its Director
Mr.G.R.Radhakrishnan,
No.39, North Usman Road,
T.Nagar, Chennai - 600 017. ... Plaintiffs
Vs
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C.S.No.141 of 2021
Mr.Bhaskarreddy Chillavarti,
Trading as M/s.Kanchipuram GRT Silks,
1320101/1, Kodandaram Nagar,
Saroor Nagar, Ranga Reddy,
Telagana - 500 060. ... Defendant
Prayer: This Civil Suit is filed under Order IV Rule 1 of the Madras High
Court Original Side Rules read with Order VII Rule 1 of the Code of Civil
Procedure, 1908 and read with Sections 27, 28, 29, 134 and 135 of the
Trade Marks Act, 1999 read with Sections 51, 55, 62 of the Indian
Copyright Act, 1957 read with Section 7 of the Commercial Courts Act,
2015 [Act No.4 of 2016], prayed for a Judgment and Decree:-
i) A Permanent Injunction restraining the defendant by
himself/themselves or by their proprietors, subsidiaries, affiliates,
franchises, officers, employees, personnel, servants, agents or any
person(s) claiming through them from in any manner infringing the
plaintiffs' registered Trade Mark "GRT"by use of Trade Mark
KANCHEEPURAM GRT SILKS or any other identical or similar Trade
Mark;
ii) A Perpetual Injunction restraining the defendant by
himself/themselves or by their proprietors, subsidiaries, affiliates,
franchises, officers, employees, personnel, servants, agents or any
person(s) claiming through them from in any manner infringing the
plaintiffs' Copyright over the artistic work, colour scheme, layout, get-up
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C.S.No.141 of 2021
and lettering style of their Trade Mark "GRT"by use of identical or
deceptively similar trade dress, colour scheme, artistic work, get-up and
placement of expression having the label "GRT"or any deceptively similar
label or in any other manner whatsoever;
iii) The defendant be ordered to surrender to the plaintiffs for
destruction of all name boards, packing materials, printer bills, cartons,
sachets, labels and other materials bearing the impugned mark along with
artwork and trade dress which is identical with and/or deceptively similar
to that of the plaintiffs' registered trade mark/label/package;
v) The defendant be ordered to prepare and submit an account
of profits made by them by the unlawful use of the Trade Mark label of
the plaintiffs and thereafter to pass a final decree upon ascertaining the
accounts, in favour of the plaintiffs and against the defendant.
vi) For the costs of the suit.
For Plaintiffs : No appearance
For Defendant : Mr.R.Murali
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C.S.No.141 of 2021
JUDGMENT
There is no representation on behalf of the plaintiffs.
2. The learned Counsel for the defendant has filed an affidavit
undertaking to challenge the name, which has any semblance of similarity
with the plaintiffs registered Trade Mark containing the word "GRT".
3. The affidavit filed by the defendant is taken on record and is
reproduced below:-
"1. I am the defendant herein and as such I
am well acquainted with the facts and circumstances of
the above case.
2. I submit that I have commenced a Textile
Business at Telangana State in the name and style of
M/s.Kanchipuram GRT Silks. Soon after my hard work,
I have established the textile business in three other
places.
3. While so in the year of 2020, the officer of
the plaintiffs has approached me to change the name of
my company. Initially, I was not aware of the trade
mark and its legalities. Hence, I have sought time to
verify with my company Auditor. However, within that
breathing time, the plaintiffs have hastily filed this suit.
https://www.mhc.tn.gov.in/judis
C.S.No.141 of 2021
4. Even while pending disposal of the
application, I informed the plaintiff that I am one of the
Partner of "Kanchipuram GRT Silks" which was
constituted on 02.03.2020, after receipt of Interim Order
of this Hon'ble Court the Partnership Firm was
reconstituted on 06.11.2021 and the reconstituted
Partnership Firm is named as "M/s.Sree Rugveda
Kanchi Mandir" and also changed the existing Name
Boards all other materials depicting the earlier name
"Kanchipuram GRT Silks" into "M/s.Sree Rugveda
Kanchi Mandir".
5. Further, I informed to that the Franchisee
Shop which was running under the name of
"Kanchipuram GRT Silks" also changed as "GRK
Silks". Even after the change of the said name, the
plaintiffs were not convinced with the said name. Hence
I sought 6 months time to change that name also.
Initially we have drafted a memorandum of compromise
and submitted the same to the plaintiffs, however, the
plaintiffs are demanding to file an affidavit to change
the name of the Franchisee Company within 6 months
from the date of receipt of the copy of the order from
this Hon'ble High Court.
Hence, I undertake to change the name of the
Franchisee Company from "GRK Silks" to "M/s.Sree
Rugveda Kanchi Mandir" from the date of receipt of the
copy of the order from this Hon'ble High Court and I
obliged that I will strictly follow the condition as
stipulated in the said Memorandum of Compromise and
thus render justice."
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C.S.No.141 of 2021
C.SARAVANAN, J.
arb
4. In view of the above, nothing further survives remains to be
adjudicated.
5. Under these circumstances, this Civil Suit is decreed in terms
of the undertaking given by the defendant. No costs. Consequently,
connected Original Applications and Applications are closed.
08.02.2023
Index : Yes / No
Internet : Yes / No
Speaking Order/Non-Speaking Order
arb
C.S.No.141 of 2021
and
O.A.Nos.216 and 217 of 2021
and
A.Nos.2542 and 2543 of 2021
https://www.mhc.tn.gov.in/judis
