Madras High Court
M/S.Cotton House vs M/S.Mylapore Cotton House on 12 June, 2023
C.S.No.118 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2023
CORAM:
THE HONOURABLE Mr. JUSTICE S.SOUNTHAR
C.S(Comm. Div.)No.118 of 2023
and
O.A.No.451 of 2023
A.No.2724 of 2023
M/s.Cotton House
Represented by its Partner,
Mr.R.Venugopal,
Old No.68, New No.145, L.B.Road,
Thiruvanmiyur, Chennai 600 041. ...Plaintiff
Vs.
M/s.Mylapore COTTON HOUSE
represented by its Sole Proprietor
Mr.Seyed Anvardeen
No.1, Luz Church Road, Luz Corner,
Mylapore, Chennai 600 004. ... Defendant
PRAYER: This Civil Suit is filed under Order VII Rule 1 of Civil Procedure
Code, 1908 and Order IV Rule 1 of O.S. Rules, 1956 read with Sections 27,
28, 29, 134 & 135 of the Trademarks Act, 1999 and First Proviso to Section 7
of the Commercial Courts Act, 2015; praying to pass the judgment and
decree:-
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C.S.No.118 of 2023
a. For a permanent injunction, restraining the Defendant, his men,
servants, agents, officers, employees, legal representative, successor in
business, assigns or anyone claiming through or under him from in any
manner infringing the Registered Trade/Service Mark of the plaintiff viz.,
'COTTON HOUSE' or any other trademark deceptively similarly to registered
service mark/trademark 'COTTON HOUSE', as trade/service mark or in any
other manner whatsoever infringing the said registered trademark of the
plaintiff;
b. For a permanent injunction, restraining the Defendant, his men,
servants, agents or anyone claiming through there from marketing,
distributing, offering, advertising, or using the mark 'MYLAPORE COTTON
HOUSE' in any form or variation in English Language and or any other
Vernacular Language or similar sounding names or any other mark
deceptively similar to the Plaintiff's mark 'COTTON HOUSE' with identical
colour scheme, get up and layout in course of their trade/service and passing
off their goods or services or enabling others to pass off their goods or
services as the goods and services of the plaintiff;
c. For a mandatory injunction directing the Defendant to deliver to the
plaintiff all the business materials, goods, invoices, bills, receipts, books of
accounts, cartons, advertisement materials, hoardings, letter-heads, visting
cards, office stationary and all or any other materials containing or bearing
the mark 'MYLAPORE COTTON HOUSE' or any other deceptively similar
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C.S.No.118 of 2023
mark or labels for destruction;
d. directing the Defendant to pay to the plaintiff a sum of
Rs.10,00,000/- by way of damages for the acts of infringement and passing
off;
e. For a preliminary decree directing the Defendant to render and
account of profits made by him by using trademark 'MYLAPORE COTTON
HOUSE' or any mark similar to of the plaintiff's trademark 'COTTON
HOUSE' and for final decree to be passed in favour of the plaintiff for amount
of profits found to have been made by the Defendant after rendering accounts;
f. For the cost of the suit
g. For such further or other orders as this Court may deem fit and
proper in the circumstances of the case and thus render justice;
For Plaintiff : Mr.S.Rajasekar
JUDGMENT
The learned counsel for the plaintiff filed a memo dated 10.06.2023,
stating that after service of notice in the interim application, the defendant
had addressed a letter to the plaintiff undertaking not to use the plaintiff's
trademark “COTTON HOUSE”.
2. It is also stated by the plaintiff that the trading name of the
https://www.mhc.tn.gov.in/judis
C.S.No.118 of 2023
defendant was changed to “MYLAPORE COTTON JOLLY” instead of
“MYLAPORE COTTON HOUSE”. In such circumstances, the plaintiff wants
to withdraw the suit with a liberty to file fresh suit, in case of any violation or
infringement by the defendant.
3. The memo filed by the learned counsel for the plaintiff dated
10.06.2023 is recorded. The suit is dismissed as withdrawn with a liberty to
file fresh suit in case of any infringement of the plaintiff's trademark by the
defendant. There shall be no order as to costs. Consequently, connected
Applications are closed.
12.06.2023
nti
Index:Yes/No
Speaking Order: Yes/No
S.SOUNTHAR, J.
https://www.mhc.tn.gov.in/judis
C.S.No.118 of 2023
nti
C.S(Comm. Div.)No.118 of 2023
and
O.A.No.451 of 2023
A.No.2724 of 2023
12.06.2023
https://www.mhc.tn.gov.in/judis
