Kishore – Sons Detergent (P) Ltd vs Lakshmi Venkateswara Industries
2023 Latest Caselaw 13836 Mad

                                                                                    C.S.No.337 of 2001

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 12.10.2023

                                                           CORAM

                                   THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                       C.S.No.337 of 2001


                     Kishore – Sons Detergent (P) Ltd.,
                     14-6-86, Chudi Bazar,
                     Hyderabad – 500 012.                                             .. Plaintiff

                                                             -Vs.-

                     Lakshmi Venkateswara Industries,
                     Dupadu – 518 218                                                .. Defendant


                     PRAYER: Civil Suit is filed under order IV Rule 1 O.S. Rules, read with
                     Order VII Rule 1 of CPC read with Sections 105 & 106 of the Trade and
                     Merchandise Marks Act, 1958, praying for:-


                                  (a) granting a permanent injunction restraining the defendant      by
                     themselves, their servants, agents or anyone claiming through them from
                     manufacturing and selling and offering for sale using the offending trademark
                     as found in Document No.3 (EEL wrapper) in any colour or any other Trade
                     Mark which is in any way deceptively / phonetically similar to or a colourable
                     imitation of the trademark found in Plaintiffs registered Trade Mark
                     No.474088 filed as Document No.2 herein or infringing any of the essential


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https://www.mhc.tn.gov.in/judis
                                                                                              C.S.No.337 of 2001

                     feature of the trademark found in the registered trademark of the Plaintiffs or in
                     any manner infringing the plaintiffs registered Trade Mark No.474088 in class
                     3 for detergent cake.


                                  (b) directing the defendant to render a true and faithful accounts of the
                     profits earned by them through the manufacture and sale of the offending
                     trademark Document No.3 and directing such profits to be paid to the Plaintiffs
                     by way of damages for the infringement and passing off committed by the
                     Defendant.


                                  (c) directing the defendant to surrender to the Plaintiffs all the cartons,
                     labels and any other printed matter containing or consisting of the trademark
                     Document No.3 together with blocks used for the purpose of printing the same
                     for destruction.


                                  (d) directing the defendants to pay to the Plaintiffs the costs of the suit.



                                        For plaintiff        :      Ms.Gladys Daniel




                                                             JUDGMENT

The learned counsel for the plaintiff seeks permission of this Court to

withdraw the suit. However, she seeks liberty to the plaintiff to file a fresh suit

https://www.mhc.tn.gov.in/judis C.S.No.337 of 2001

in the event of the defendant using the trademark of the plaintiff in the near

future. No prejudice would be caused if such a liberty is granted.

After recording the endorsement made by the learned counsel for the

plaintiff, this suit is dismissed as withdrawn. However, liberty is granted to the

plaintiff as prayed for. No costs.

12.10.2023

mac/rkm

https://www.mhc.tn.gov.in/judis C.S.No.337 of 2001

ABDUL QUDDHOSE,J.

mac/rkm

C.S.No.337 of 2001

12.10.2023

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