M/S.Vasanta Bhavan Hotels India ... vs Vasantha Bhavan
2023 Latest Caselaw 7981 Mad

                                                          C.S.(Comm.Div.)No.106 of 2023

                             IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED :10.07.2023

                                                      CORAM

                                    THE HONOURABLE Ms. JUSTICE P.T.ASHA

                                           C.S.(Comm.Div.)No.106 of 2023
                                                         and
                                  O.A.Nos.405 and 406 of 2023 and A.No.2583 of 2023


                     M/s.Vasanta Bhavan Hotels India Private Limited,
                     Represented by its Driector,
                     Mr.Anand Krishnan,
                     Having its Office at No.34,
                     Developed Plots (South Phase),
                     Industrial Estate, Guindy,
                     Chennai 600 032                                           ... Plaintiff
                                                    Vs
                     Vasantha Bhavan,
                     New Bus Stand Road,
                     Sirkazhi,
                     Nagapattinam District                                   ... Defendant

                     PRAYER: Plaint filed under Order VII Rule 1 of C.P.C read with
                     Order IV Rule 1 of O.S.Rules and Sections 134 and 135 of the Trade
                     Marks Act, 1999           praying for a judgement and decree:a) the
                     Defendant, their men, servants, agents or anyone claiming through

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https://www.mhc.tn.gov.in/judis
                                                      C.S.(Comm.Div.)No.106 of 2023

                     or under them from any manner Infringing the Plaintiff Trade Mark
                     and Trading style "VASANTA BHAVAN" by using the offending
                     Trade Mark and Trading style "VASANTHA BHAVAN" 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
                     "VASANTA BHAVAN".


                     B) Granting permanent injunction restraining the a 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 "VASANTA BHAVAN" by using the offending Trade
                     Mark and Trading style "VASANTHA BHAVAN" 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 "VASANTA
                     BHAVAN".


                     C) Directing the Defendant to render a true and faithful account of
                     the profits earned by them through the sale of food products bearing
                     the offending trade mark "VASANTHA BHAVAN" and directing
                     payment of such profits to the Plaintiff by way of damages for
                     Infringement committed by the Defendant.


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https://www.mhc.tn.gov.in/judis
                                                           C.S.(Comm.Div.)No.106 of 2023


                     D) Directing the defendant to surrender to Plaintiff the entire stock
                     of unused offending goods with Trade Mark "VASANTHA
                     BHAVAN with name boards, labels, wrappers, boxes, covers, bags,
                     packets, cartons, bills, advertisements, materials, reports, envelops,
                     brochures. printing blocks, etc., bearing the offending Trademark for
                     destruction.


                     E) Directing to the Defendant to pay the Plaintiff the costs of the suit

                                           For Plaintiff     : Mr.Vijayan Subramanian

                                           For Defendant     : Mr.K.R.Ramesh Kumar


                                                     JUDGMENT

The learned counsel for the plaintiff has filed an additional

typed set of papers, which shows the new name of the defendant is

“ANNAIIN HOTEL VASANTHA BHAVAN PURE VEG” .

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.)No.106 of 2023

2. Since the defendant has voluntarily changed the name of

the restaurant to “_ md;idapd; tre;jk; cah;ju irt cztfk;,

nothing survives for consideration in this suit.

3.In view of the above, this Civil Suit is dismissed as

having become infructuous. No costs. Consequently, connected

applications are closed.

10.07.2023

srn

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.)No.106 of 2023

P.TASHA.J,

srn

C.S.(Comm.Div.)No.106 of 2023 and O.A.Nos.405 and 406 of 2023 and A.No.2583 of 2023

10.07.2023

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