M/S.Murugan Idli Shop vs M/S.Sri Murugan Idli Shop
2023 Latest Caselaw 12849 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 20.09.2023

                                                   CORAM:

                                    THE HONOURABLE MS. JUSTICE P.T.ASHA

                                              C.S.No. 952 of 2009


                M/s.Murugan Idli Shop,
                Represented by its proprietor Mr.S.Manoharan,
                196, West Masi Street,
                Madurai-625 001,
                TamilNadu.
                Having Branch at
                Usman Road,
                T Nagar,
                Chennai-600 017.                                        ... Plaintiff

                                                      Vs

                M/s.Sri Murugan Idli Shop,
                10-50-54 Opposite Lions Club,
                Waltair Main Road,
                Ram Nagar,
                Visakapatnam-530 003.
                                                                         ... Defendant

                Prayer:- This Civil Suit is filed under Order IV Rule 1 of O.S.Rules r/w
                Order VII Rule 1 of the Code of Civil Procedure Code,1908, r/w Section
                28, 29, 134 and 135 of the Trade Marks Act, 1999, r/w Section 51, 55, 62
                of the Copyright Act, 1957 praying to pass a judgement and decree:

https://www.mhc.tn.gov.in/judis
                Page 1 of 4
                                  (a)A perpetual injunction restraining the defendant by himself or
                his men, servants,agents, franchises, successors in interest, representatives
                or any of them from in any manner infringing the plaintiffs registered
                service and/or trademark MURUGAN IDLI SHOP by use of the service
                and/or Trademarks SRI MURUGAN IDLI SHOP or any mark deceptively
                similar to the plaintiffs registered service/Trade marks or by use of
                identical or deceptively similar trading style or in any other manner
                whatsoever;


                                  (b)A perpetual injunction restraining the defendant by himself or
                his men, servants,agents, franchises, successors in interest, representatives
                or any of them from in any manner infringing the copyright of the plaintiff
                by use of the trademarks and/or trading style SRI MURUGAN IDLI
                SHOP or any mark deceptively similar to the plaintiffs registered
                copyright MURUGAN IDLI SHOP or in any other manner whatsoever;


                                  (c)The defendant be ordered to surrender to plaintiff for
                destruction of all name boards, menu cards, packing materials, visiting
                cards, letterheads, printer bills, cartons, sachets and other materials
                bearing the infringing SRI MURUGAN IDLI SHOP or any mark
                deceptively similar to the plaintiffs registered trademark and artistic work
                MURUGAN IDLI SHOP label;




https://www.mhc.tn.gov.in/judis
                Page 2 of 4
                                  (d)for the cost of the suit;


                                  (e)grant of such other relief or reliefs as this Hon'ble Court deem
                fit and proper in the circumstances of the case and thus render justice;


                                  For Petitioner             : M/s.M.R.Gokulakrishnan

                                  For sole Defendant         : M/s.S.Kanniah

                                                          JUDGMENT

The learned counsel appearing for the plaintiff has made an

endorsement that the defendant is not carrying on business in the

impugned name and therefore he does not intend to pursue the suit.

Accordingly, the suit is dismissed as withdrawn. There shall be no

order as to costs.

20.09.2023

Internet:Yes Index:Yes/No Speaking/Non speaking order ssa/apd

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

P.T.ASHA, J.

ssa/apd

C.S.No. 952 of 2009

20.09.2023

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