M/S.Grandix Pharmaceuticals Ltd vs M/S.See Gee Pharmaceuticals Pvt ...
2023 Latest Caselaw 6334 Mad

                                                                         C.S.No.1153 of 2008

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 15.06.2023

                                                   CORAM:


                                   THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                               C.S.No.1153 of 2008



                  M/s.GRANDIX PHARMACEUTICALS LTD.,
                  A Company registered under the Indian Companies
                  Act, having its registered Office at
                  “Jamals Sonu Terrace”,
                  No.42, Loganathan Nagar, 100 Feet Road
                  Choolaimedu
                  Chennai 600 094.                                     ... Plaintiff


                                                       Vs.


                  1.M/s.SEE GEE PHARMACEUTICALS PVT LTD.,
                    No.21, Koodapakkam Road
                    Villianur
                    Pondicherry 605 110.

                  2.M/s.HAALDANE LABORATARIES PVT LTD.,
                    Old No.21, New No.14, 3rd Street, Achuthan Nagar
                    Ekkattuthangal, Chennai 600 097.                   ...Defendants




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https://www.mhc.tn.gov.in/judis
                                                                                    C.S.No.1153 of 2008

                  Prayer: This Civil Suit is filed under Order IV Rule 1 of the Original Side
                  Rules r/w Order VII Rule 1 of CPC r/w Section 134 of the Trade Marks Act,
                  1999, praying to pass the judgment and decree:-
                                  a) Granting a permanent injunction restraining the defendants,
                  their men, servants, agents or anyone claiming through or under them from in
                  any manner infringing the plaintiffs' Trade Mark “GRAFIX” by using the
                  offending Trade Mark “Grafix” or any other mark or marks which are similar
                  or in any way deceptively similar to or a colourable imitation of the plaintiffs'
                  Trade Mark “GRAFIX” either by manufacturing or selling or offering for sale
                  or in any manner advertising the same;


                                  b) Granting a permanent injunction restraining the defendants,
                  their men, servants, agents or anyone claiming through or under them from in
                  any manner passing off their pharmaceutical products as that of the plaintiffs'
                  by using the offending Trade Mark “Grafix” as and for the celebrated
                  pharmaceutical products of the plaintiffs with Trade Mark “GRAFIX” or by
                  using any other Trademark which is similar or deceptively similar to that of
                  the plaintiffs trade mark “GRAFIX”.


                                  c) Directing the defendants to render a true and faithful account
                  of the profits earned by them through the sale of pharmaceutical products
                  bearing the offending trade mark “ Grafix” and directing payment of such
                  profits to the plaintiffs by way of damages for passing off committed by the
                  defendants.

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                                                                                      C.S.No.1153 of 2008

                                  d) Directing the defendants to surrender to the plaintiffs the
                  entire stock unused offending goods with Trade Mark “GRAFIX” together
                  with cartons, strips, brochures etc., bearing the offending Trademark for
                  destruction;


                                  e) Directing the defendants to pay the plaintiff the costs of the
                  suit and;


                                        For Plaintiff       : Mr.Prasanna Venkat
                                                            for M/s.APR Associates

                                                        ORDER

This Civil Suit had been filed by the plaintiff seeking

injunction against the defendants claiming infringement of Trade Mark

“GRAFIX”.

2. The learned counsel for the plaintiff submitted that registration

of the defendants Company had been struck off from the Registrar of

Companies. Therefore, the learned counsel for the plaintiff submitted that the

suit can be dismissed with liberty to the plaintiff to file a fresh suit in case of

future trade mark violation.

https://www.mhc.tn.gov.in/judis C.S.No.1153 of 2008

S.SOUNTHAR , J.

dna

3. Recording the submission made by the learned counsel for the

plaintiff the suit is dismissed with liberty to the plaintiff to file a fresh suit in

case of infringement of plaintiff's registered trade mark in future. No costs.

15.06.2023

Index : Yes / No Internet : Yes / No dna

C.S.No.1153 of 2008

https://www.mhc.tn.gov.in/judis C.S.No.1153 of 2008

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