Madras High Court
Prestige Housewares (India) Ltd vs Prestige Estates & Properties on 4 October, 2023
C.S.No.534 of 1995
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.10.2023
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. No.534 of 1995
1.Prestige Housewares (India) Ltd.
2.TTK Prestige Limited .. Plaintiffs
/versus/
Prestige Estates & Properties .. Defendant
Prayer: Civil Suit has been filed under Order VII, Rule 1 of the Code of
Civil Procedure and Order IV Rule 1 of the Original Side Rules and
Sections 27, 105 & 106 of the Trade and Merchandise Marks Act, 1958
read with Sections 51, 55, 63 & 64 of the Copyright Act, 1957 to grant a
judgment and decree on the following terms:
a)grant a perpetual order and injunction restraining the defendant
by itself/its partners, servants, agents, distributors, stockists, clearing and
forwarding agents or any of them from in any manner infringing
plaintiffs' Copyright in the artistic work PRESTIGE LABEL by use of
PRESTIGE in stylized script or in any other manner which is a
substantial reproduction of plaintiffs' PRESTIGE LABEL in stylized
script;
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C.S.No.534 of 1995
b)granting a perpetual order and injunction restraining the
defendant by itself/its partners, servants, agents, distributors, stockists,
clearing and forwarding agents or any of them from in any manner
passing off the defendant's goods and business as and for the plaintiffs'
goods and business by use of the Trade Mark PRESTIGE or any mark
similar thereto;
c)a preliminary decree be passed in favour of the plaintiffs,
directing the defendant to render account of profits made by use of
PRESTIGE as a Trade Mark as a part of trading style and as an artistic
work and a final decree be passed in favour of the plaintiffs for the
amount of profits thus found to have been made by the defendant, after
the latter has rendered accounts;
d)the defendant be ordered to surrender to the plaintiffs for
destruction, of all goods, cartons, tabels, blocks, dies, screen prints,
pamphlets, brochures and other material bearing the Trade Mark and
artistic work PRESTIGE or any mark and/or artistic work similar to or
which is a substantial reproduction of the plaintiffs Trade Mark and
artistic work PRESTIGE;
e)the defendant be ordered and decreed to pay to the plaintiffs a
sum of Rs.1,10,000/- as damages for his wrongful and illegal activities
and for the use of Trade Mark and artistic work PRESTIGE;
f)for costs of the suit; and
g)for such further and other orders.
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C.S.No.534 of 1995
For Plaintiffs : Mr.Chandini Pradeep Kumar
for M/s.Mohan Associates
JUDGMENT
Learned counsel for the plaintiffs seeks permission of this Court to
withdraw the suit. She has also made an endorsement in the court bundle
to that effect. Accordingly, this suit is dismissed as withdrawn.
05.10.2023
vga
https://www.mhc.tn.gov.in/judis
C.S.No.534 of 1995
ABDUL QUDDHOSE, J.
vga
C.S. No.534 of 1995
05.10.2023
https://www.mhc.tn.gov.in/judis
