Madras High Court
Hatsun Agro Product Ltd vs M/S.Himachal Milk Food Products on 27 March, 2023
C.S.No.39 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2023
CORAM:
THE HONOURABLE Mr. JUSTICE S.SOUNTHAR
C.S(Comm. Div.)No.39 of 2016
Hatsun Agro Product Ltd.,
Having registered office at,
“Domain”, Rajiv Gandhi Salai (OMR),
Karapakkam, Chennai – 600 097
And also carrying on its business at,
Old No.AD-83/New No.AD13,
Anna Nagar, Opp. IOB Towers Branch,
Chennai – 600 040. ...Plaintiff
Vs.
M/s.Himachal Milk Food Products,
VII Makkawali P.O.,
Shambhuwala,
Nahan District,
Simaur
Himachal Pradesh ... Defendant
PRAYER: This Civil Suit is filed under Order VII Rule 1 of Code of Civil
Procedure, 1908 read with Order IV Rule 1 of High Court Original Side
Rules and Section 134 and 135 of the Trade Marks Act, 1999 and under
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C.S.No.39 of 2016
Section 55 of the Copyright Act, 1957 ; praying to pass the judgment and
decree:-
a) For Permanent Injunction retraining the defendant by itself, its
agents, servants or any one claiming through it from in any manner infringing
the Plaintiff's Trade Mark in the container as shown in the Annexure-P1, by
using the Defendant's offending container shown in Annexure-D1 or any
other mark or marks which are in any way identical to the Plaintiff's
trademark in the container as shown in Annexure-P1.
b) For Permanent Injunction retraining the defendant by itself, its
agents, servants or any one claiming through it from in any manner infringing
the Plaintiff's Trade Mark in the label as shown in the Annexure-P2, by
using the Defendant's trademark label shown in Annexure-D2 or any other
mark or marks which are in any way identical to the Plaintiff's trademark
label as shown in Annexure-P2.
c) For Permanent Injunction retraining the defendant by itself, its
agents, servants or any one claiming through it from in any manner passing
off its Ghee or any dairy products as that of the plaintiff by using the
offending container as shown in the Annexure D1 and or the trademark label
as shown in Annexure -D2 or any other trademark, trade dress and container
which is identical with that of the plaintiff's container, trademark label as
shown in Annexure-P1 and P2, whether by manufacturing or selling or
offering for sale or in any manner advertising the same.
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C.S.No.39 of 2016
d) Granting permanent injunction, restraining the Defendant by
themselves, their servants or Agents or anyone claiming through them from
in any manner infringing the plaintiff's copyright in the artistic work over the
trademark label “HATSUN” as shown in Annexure – P2, by using the
offending label as shown in Annexure-D2 or any other label or labels which
are in any way a reproduction of the plaintiff's artistic label HATSUN as filed
in Annexure -P2.
e) Directing the Defendant to surrender to the plaintiff the entire
products with the offending containers and labels, unused stock with the
offending labels together with the blocks and dies, name boards, sign boards
etc for destruction.
f) Directing the Defendant to render true and faithful accounts of the
profits earned by them through the sale of offending ghee products sold
under offending container and bearing the offending trademark label and
directing payment such profits to the plaintiff.
g) Directing the Defendant to pay to the plaintiff the cost of the suit
For Plaintiff :M/s.Y.K.Aiswarya
for M/s.Surana and Surana
For Defendant :Mr.V.Ramesh Babu
Mr.K.S.Begum
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C.S.No.39 of 2016
JUDGMENT
The learned counsel for the plaintiff made an endorsement in the
plaint, seeking leave of this Court to withdraw the suit. In view of the
endorsement made by the learned counsel, leave is granted. The suit is
dismissed as withdrawn. There shall be no order as to costs.
27.03.2023
nti
Index:Yes/No
Speaking Order: Yes/No
https://www.mhc.tn.gov.in/judis
C.S.No.39 of 2016
S.SOUNTHAR, J.
nti
C.S(Comm. Div.)No.39 of 2016
27.03.2023
https://www.mhc.tn.gov.in/judis
