Madras High Court
M/S.Mohamed Aboobacker Chank ... vs M/S.Indianpasand Inc on 5 October, 2023
C.S.No.804 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2023
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S.No.804 of 2015
(Comm. Suits)
M/s.Mohamed Aboobacker Chank Lungi Limited,
No.190, Thambu Chetty Street,
Chennai – 600 001.
Rep. By its Managing Director
Mr.K.M.Umar Farook. .. Plaintiff
-vs-
1.M/s.Indianpasand Inc.
No.19/26A, Ground Floor,
2nd A Cross, SNT Street,
Kathriguppe Main Road,
Srinivasan Nagar, Near Sathyanaraya Temple,
Bangalore - 560085
2.Flipkart Internet Pvt. Ltd.
carrying on its online retail business through www.flipkar.com,
Vaishnavi Summit,
Ground Floor, 7th Main,
80 Feet Road, 3rd Block,
Koramangala Industrial Layout,
Bangalore - 560034.
1/6
https://www.mhc.tn.gov.in/judis
C.S.No.804 of 2015
3.Jasper Infotech Pvt. Ltd.,
carrying on its online retail business through www.snapdeal.com,
Building No.246, 1st Floor,
Okhla Industrial Estate, Phase III,
New Delhi – 110020.
4.Clues Network Pvt Ltd.,
Carrying on its online retail business through www.shopclues.com,
Building No.112, Sector-44,
Gurgaon - 122001, Haryana. .. Defendants
PRAYER: Civil Suit is filed under order IV Rule 1 O.S. Rules, read
with Order VII Rule 1 of CPC read with Section 27, 28, 29, 134 and 135 of
the Trademarks Act, 1999 and Sections 51, 55 and 62 of the Copyright Act,
1957, praying for:-
(a) For Permanent Injunction restraining the defendants by
themselves, their agents, servants, assigns, representatives or any one
claiming through them from in any manner (infringing the Plaintiff's
Registered trademarks SANGU, the device of Conch and the SANGU label
as described in the Schedule A hereunder by using the identical mark
SANGU and/or the offending deceptively similar trademark SHIPPY label,
or any other mark, label or device which is identical or deceptively similar
to or a colourable imitation of the plaintiff's trademarks SANGU, the device
of Conch and the SANGU label;
(b). For Permanent Injunction restraining the defendants by
themselves, their agents, servants, assigns, representatives or any one
2/6
https://www.mhc.tn.gov.in/judis
C.S.No.804 of 2015
claiming through them from in any manner (infringing the copyright in the
artistic features associated with the colour scheme, get-up, lay-out and
arrangement of features contained in the plaintiff's artistic work SANGU
label as fully described in the Schedule B hereunder by using the offending
SHIPPY label or any other mark, label or device, which is a colourable
imitation of the Plaintiff's copyright in artistic work SANGU label either by
manufacturing or selling or offering for sale or in any way advertising the
same or in any other manner whatsoever;
(c). For Permanent Injunction restraining the defendants by
themselves, their agents, servants, assigns, representatives or any one
claiming through them from in any manner passing off or enabling others to
pass off the defendants' products as and for that of the Plaintiff's products by
using the identical trademark SANGU or through the offending SHIPPY
label or any other trademark which is identical or deceptively similar to the
Plaintiff's trademark SANGU, the device of Conch and the SANGU label,
either by manufacturing or selling or offering for sale or in any way
advertising the same or in any other manner whatsoever;
(d). Ordering the defendants to pay to the Plaintiff a sum of
Rs.50,00,000/- as liquidated damages for committing acts of infringement
against Plaintiff's registered trademark and copyright and also for acts of
their passing off;
(e). Directing the Defendants to surrender to the Plaintiff entire goods
with the labels, packaging materials, stock of unused labels together with
the blocks and dyes, name boards, sign- boards, stationery materials etc.,
3/6
https://www.mhc.tn.gov.in/judis
C.S.No.804 of 2015
containing the impugned mark SANGU and SHIPPY label, for destruction;
(f). Directing the Defendants to render true and faithful accounts of
the profits earned by them using the offending trademark SANGU and
SHIPPY label and pay such profits to the Plaintiff as damages;
(g). Directing the Defendants to pay to the Plaintiff the cost of the
suit; and
(h). Grant such further or other orders as this Hon'ble Court may
deem fit and proper under the circumstances of the case.
For Plaintiff : Mr.Prasanna Venkat
for M/s.APR Associates
JUDGMENT
Since the products of the first defendant, which is the subject matter
of the dispute, is not being sold today, the learned counsel for the plaintiff
seeks permission of this court to withdraw the suit as against the first
defendant with liberty to file a suit on the same cause of action, in case the
first defendant infringes the plaintiff's trademark and copyright in the near
future. To that effect, he has also made an endorsement in the Court bundle.
https://www.mhc.tn.gov.in/judis
C.S.No.804 of 2015
2. This Court is of the view that no prejudice would be caused if the
said liberty is granted. After recording the endorsement made by the
learned counsel for the plaintiff, this Court dismisses the suit against the
first defendant as withdrawn. However, liberty is granted to the plaintiff as
prayed for.
05.10.2023
rkm
https://www.mhc.tn.gov.in/judis
C.S.No.804 of 2015
ABDUL QUDDHOSE, J.
rkm
C.S.No.804 of 2015
05.10.2023
https://www.mhc.tn.gov.in/judis
