Madras High Court
M/S.Kaleesuwari Refinery ... vs Ammi Samayal on 16 October, 2023
C.S. (COMM.DIV.) No.121 of 2023, O.A. Nos.
460 and 461 of 2023 and A. No.2740 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 16.10.2023
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. (COMM.DIV.) No.121 of 2023, O.A. Nos.
460 and 461 of 2023 and A. No.2740 of 2023
M/s.Kaleesuwari Refinery Private Limited,
represented by its Manager (Legal),
A.Saravanan .. Plaintiff
/versus/
Ammi Samayal .. Defendant
Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original
Side Rules read with Order VII Rule 1 of Code of Civil Procedure read
with Sections 134 and 135 of Trade Marks Act, 1999 to pass judgment
and decree:
i)for a permanent injunction to restrain the defendant, their men,
agents, associates and/or assignees or any person claiming rights from
them from infringing the plaintiff's reputed and well known registered
Trade Mark "DHEEPAM" by using the offending Trade Mark
"PANCHA DEEPAM OIL" or any mark or word deceptively similar to
the aforesaid Trade Mark of the plaintiff's for any edible oil marketed by
the defendant their men, agents, associates and/or assignees or any
person claiming rights from the defendant;
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C.S. (COMM.DIV.) No.121 of 2023, O.A. Nos.
460 and 461 of 2023 and A. No.2740 of 2023
ii)for a permanent injunction to restrain the defendant its men,
agents, associates and/or assignees or any person claiming rights from
therein from passing off their inferior product, as that of the plaintiff's
"DHEEPAM" lamp oil by using the offending words "PANCHA
DEEPAM OIL" or any other words or mark and offending packing
Material/Pouch/Bottles deceptively similar to the plaintiff's trade mark
"DHEEPAM" and Trade dress for "DHEEPAM";
iii)for preliminary decree directing the defendant to render true
account of profits made by the defendant by using the aforesaid
offending mark/label of "PANCHA DEEPAM OIL";
iv)for erasure, removal or obliteration from all infringing goods,
materials or articles in the possession or control of the defendant with the
offending mark/labels and pouches deceptively similar to the plaintiff's
"DHEEPAM".
For Plaintiff : Mr.Vijayan Subramanian
For Defendant : Mr.N.Palanikumar
JUDGMENT
Learned counsel for the defendant, on instructions, has made an
endorsement in the court bundle stating that no longer the defendant will
be using the plaintiff’s registered trade mark ‘DHEEPAM’.
https://www.mhc.tn.gov.in/judis
C.S. (COMM.DIV.) No.121 of 2023, O.A. Nos.
460 and 461 of 2023 and A. No.2740 of 2023
2.Learned counsel for the plaintiff is satisfied if such an
undertaking is given by the defendant. Therefore, learned counsel for the
plaintiff would submit that in terms of the endorsement made by the
learned counsel for the defendant, on instructions, this suit can be closed.
3.After recording the endorsement made by the learned counsel for
the defendant that the defendant shall not use the plaintiff’s registered
trade mark ‘DHEEPAM’, this suit is closed. No costs. Consequently,
connected applications stand closed.
16.10.2023
vga
https://www.mhc.tn.gov.in/judis
C.S. (COMM.DIV.) No.121 of 2023, O.A. Nos.
460 and 461 of 2023 and A. No.2740 of 2023
ABDUL QUDDHOSE, J.
vga
C.S. (COMM.DIV.) No.121 of 2023, O.A. Nos.
460 and 461 of 2023 and A. No.2740 of 2023
16.10.2023
https://www.mhc.tn.gov.in/judis
