Madras High Court
M/S.Mrf Limited vs Mr.Chandan Sood on 30 September, 2024
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.No.540 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2024
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.No.540 of 2014
M/s.MRF Limited,
Having registered office at
No.114, Greams Road,
Chennai 600 006, rep. By its
Company Secretary
Mr.Ravi Mannath ... Plaintiff
-vs-
1.Mr.Chandan Sood
B-6/04 (Ground Floor)
Safdarjung Enclave, New Delhi 110 029.
2.eBay India Pvt. Ltd.,
14th Floor, North Block,
R-TECH Park, Western Express Highway,
Goregaon (East), Mumbai 500 063.
3.eBay Inc.
2025 Hamilton Avenue
San Jose, California 95125
United States of America. ... Defendants
(3 defendant impleaded as per order dated 22.01.2024 in A.No.3403
rd
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C.S.No.540 of 2014
of 2021)
PRAYER: Civil Suit filed Under Order IV Rule 1 Original Side Rules,
Sections 28, 29, 134 and 135 of the Trade Marks Act, 1999 and
Sections 51, 55 and 62 of the Copyright Act, 1957, praying to grant a
judgment and decree on the following terms:-
(a) A perpetual injunction restraining the defendants, their
distributors, stockists, servants, agents, retailers, representatives or
any other person claiming under / through them from in any
manner infringing the plaintiff's registered Trade Marks 'MRF',
'Genius', and 'MRF Connected Letter Device' filed as Plaint
Document No.1, and / or plaintiff's Cricket Bat Trade Marks filed as
Plaint Document No.8 by manufacturing and marketing stickers
bearing the impugned stickers filed as Plaint Document No.17 and /
or using or displaying on a website the Impugned trade marks or any
other marks, which are identical with and / or deceptively similar to
the plaintiff's trade marks, in connection with the defendant's
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C.S.No.540 of 2014
business, and in particular in the manufacture and / or sale of cricket
bat / kit stickers by the 1st defendant or in any other manner
whatsoever;
(b) A perpetual injunction restraining the defendants, their
distributors, stockists, servants, agents, retailers, representatives or
any other person claiming under / through them from in any
manner using the Impugned Marks filed as Plaint Document No.17
or any other trade marks which are identical / deceptively similar to
the plaintiff's MRF Corporate Trade Marks / Artistic Works filed as
Plaint Document No.1 and / or the plaintiff's Bat Trade Marks /
Artistic Works filed as Plaint Document No.8 on stickers, in
particular those meant for cricket bat or cricket gear so as to pass off
or enable others to pass off the defendant's products or cricket bats
and / or cricket kits of others as and for that of the plaintiff or
wrongfully associate themselves with the plaintiff's business or in
any other manner whatsoever;
(c) A perpetual injunction restraining the defendants, their
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C.S.No.540 of 2014
distributors, stockists, servants, agents, retailers, representatives or
any other person claiming under / through them from in any
manner infringing the plaintiff's copyright in the 'MRF Connected
Letter Device' filed as Plaint Document No.1, and / or plaintiff's Bat
Trade Marks / Artistic Works filed as Plaint Document No.8 by
using the Impugned Artistic Works filed as Plaint Document No.17
or any substantial reproduction / imitation of the same on or in
connection with the business of the 1st defendant, or in any other
manner whatsoever;
(d) The defendants be ordered to remove all display of the
Impugned Stickers from the website www.ebay.in of the 2nd
defendant and to delete / cancel all reference to the Impugned
Stickers from the website of the 2nd defendant.
(e) The Defendants be ordered and decreed to pay to the
plaintiffs jointly and severally a sum of Rs.25,01,000/- as damages for
acts of passing off and infringement of Trade Mark & infringement of
copyright committed by the defendants.
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C.S.No.540 of 2014
(f) For costs of the suit.
For Plaintiff : Mr.Navod Prasannan
for M/s.M.S.Bharath
For Defendant 3 : Mr.Pawan Jhabakh
For Defendant 1 : Set Ex parte on 06.09.2024
For Defendant 2 : Suit is dismissed on 06.09.2024
**********
JUDGMENT
Learned counsel for the plaintiff submits that he has been
instructed to withdraw the suit. He has made an endorsement for
withdrawal.
2. Therefore, C.S.No.540 of2014 is dismissed as withdrawn
without any order as to costs.
30.09.2024
rna
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
Neutral Citation: Yes / No
SENTHILKUMAR RAMAMOORTHY,J
rna
30.09.2024
https://www.mhc.tn.gov.in/judis
