M/S.Kaleesuwari Refinery Private ... vs H.K.Global Enterprises
2024 Latest Caselaw 17109 Mad

Madras High Court

M/S.Kaleesuwari Refinery Private ... vs H.K.Global Enterprises on 30 September, 2024

Author: Senthilkumar Ramamoorthy

Bench: Senthilkumar Ramamoorthy

                                                                    C.S.(Comm.Div.) No.284 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 30.09.2024

                                                     CORAM

                        THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                          C.S.(Comm.Div.) No.284 of 2023
                                               and A.No.6207 of 2023


                     M/s.Kaleesuwari Refinery Private Limited,
                     Represented by its Manager (Legal),
                     Mr.A.Saravanan (M-45 years),
                     No.53, Rajasekaran Street,
                     Opp: Kalyani Hospital, Dr.Radhakrishnan Salai,
                     Mylapore, Chennai 600 004.                                    ... Plaintiff

                                                       -vs-


                     H.K.Global Enterprises,
                     TR Layout, Magadi Town,
                     Near BGS Collage,
                     Ramanagara District 562 120.                              ... Defendant


                     PRAYER: Civil Suit (Commercial Division) filed under Order IV

                     Rule 1 of the O.S.Rules R/W Order VII Rule 1 of C.P.C. Rules R/W

                     Sections 134 and 135 of Trade Marks Act, 1999, praying to grant a

                     judgment and decree on the following terms:-

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https://www.mhc.tn.gov.in/judis
                                                                            C.S.(Comm.Div.) No.284 of 2023




                                  (i) For a permanent injunction to restraining 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 “AKSHAYA DHAARA DEEPAM LAMP 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.



                                  (ii) For a permanent injunction to restraining 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

                     “AKSHAYA DHAARA DEEPAM LAMP OIL” or any other words or

                     mark and offending packing Material / Pouch / Bottles deceptively



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                                                                          C.S.(Comm.Div.) No.284 of 2023


                     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 “AKSHAYA DHAARA DEEPAM LAMP

                     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”.



                                  (v) To pay for the costs of the suit.

                                  For Plaintiff       : Mr.Vijayan Subramanian

                                  For Defendant       : No Appearance

                                                            **********



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                                                                           C.S.(Comm.Div.) No.284 of 2023

                                                        JUDGMENT

Learned counsel for the plaintiff submits that he has been

instructed to withdraw the suit. An endorsement for withdrawal

was made.

2. In view thereof, C.S.(Comm.Div.) No.284 of 2023 is dismissed

as withdrawn without any order as to costs. Consequently,

A.No.6207 of 2023 is closed.

30.09.2024 rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No

https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.284 of 2023

SENTHILKUMAR RAMAMOORTHY,J

rna

C.S.(Comm.Div.) No.284 of 2023

30.09.2024

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