Madras High Court
Flamagas S.A vs Ashok Bafna on 13 October, 2023
C.S.No.859 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.10.2023
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. (Comm.Div.) No.859 of 2022
Flamagas S.A. .. Plaintiff
/versus/
1.Ashok Bafna
2.Bafna Agencies .. Defendants
Prayer: Civil Suit has been filed under Order VII, Rule 1 of the Code of
Civil Procedure read with Order IV Rule 1 of Original Side Rules read
with Section 11 and 22 of the Designs Act, 2000 prays for a judgment
and decree to grant the following reliefs:
a)permanent injunction restraining the defendants by themselves,
their proprietors/partners as the case may be, assigns, servants, agents,
distributors, stockists, dealers, representatives or any of them from in any
manner importing, selling, distributing, offering for sale, advertising,
directly or indirectly dealing in BAIDE/TOYO cigarette lighters or any
other cigarette lighters which are identical/similar to the plaintiff's
CLIPPER cigarette lighters in shape, configuration, size and dimension,
amounting to infringement of the plaintiff's copyright in the design of
cigarette lighters registered under Nos.168870 and 176580, both in class
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C.S.No.859 of 2022
3;
b)permanent injunction, restraining the defendants by themselves,
their proprietors/partners as the case may be, assigns, servants, agents,
distributors, stockists, dealers, representatives or any of them from in any
manner importing, selling, distributing, offering for sale, advertising,
directly or indirectly dealing in BAIDE/TOYO cigarette lighters which
are identical or deceptively similar to the plaintiff's trademark CLIPPER
lighter 3-dimensional drawing amounting to passing off or enabling
others to pass off the defendants' BAIDE/TOYO cigarette lighters as and
for plaintiff's CLIPPER cigarette lighters or in any other manner
whatsoever;
c)order of rendering of accounts of profits earned by the
defendants by distribution and sale of look alike BAIDE/TOYO cigarette
lighters which are identical to that of the plaintiff's CLIPPER cigarette
lighters design and a final decree be passed in favour of the plaintiff for
the amount of profits thus found to have been made by the defendants
after the latter has rendered accounts;
d)order for delivery-up by the defendants of all BAIDE/TOYO
cigarette lighters, packaging materials, cartons, labels, blocks, dyes,
plates, moulds, advertising materials, screen prints, brochures and other
materials bearing the design which are identical/similar to the plaintiff's
CLIPPER lighters design in size, shape and configuration to the plaintiff
or its authorised representatives for the purposes of destruction;
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e)order directing the defendants to pay to the plaintiff a sum of
Rs.1,00,000/- as damages for import, sale, distribution of BAIDE/TOYO
lighters.
For Plaintiff :Mr.R.Sathish Kumar
JUDGMENT
Learned counsel for the plaintiff seeks permission of this Court to
withdraw this suit. He has also made an endorsement in the court bundle.
Accordingly, this suit is dismissed as withdrawn. No costs.
13.10.2023
vga
ABDUL QUDDHOSE, J.
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C.S.No.859 of 2022
vga
C.S. No.859 of 2002
13.10.2023
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