Allowed

M/S.K.P.Pathrose Vaidan'S Kandamkulathy Vaidysala v. M/S.Kandamkulathi Francis Vaidyan'S Ayurveda Vaidyasala (P) Ltd.

Kerala HC6 Jun 2018WP(C)/5351/2018

Case brief

AI extract

What is this about?

This writ petition sought a direction to dispose of a complaint regarding a trademark dispute and an order restraining the Drugs Controller from issuing a license. The Court found the petitioners' grievances redressed by a prior order of the Regional Director under the Companies Act, 2013, withdrawing the name used by the respondent.

What did the court decide?

Records that the name of the first respondent is withdrawn by the Regional Director under the Companies Act, 2013.

M/S.K.P.Pathrose Vaidan'S Kandamkulathy Vaidysala Vs… — Intellectual Property | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940

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WP(C).No. 5351 of 2018

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PETITIONER(S):-

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1 M/S. K.P.PATHROSE VAIDYAN'S KANDAMKULATHY VAIDYSALA REPRESENTED BY ITS PROPRIETRIX DR. ROSE MARY WILSON B.A.M.S, KZUHUR.P.O., MALA, THRISSUR DISTRICT-680734

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2 M/S.K.P.PATHROSE VAIDYAN'S KANDAMKULATHY VAIDYSALA (P) LTD. CIN: 09-09 133/1995 REGISTERED OFFICE AT KUZHUR.P.O., MALA, THRISSUR-680734 REPRESENTED BY ITS MANAGING DIRECTOR, K.P. WILSON

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3 K.P. WILSON AGED 56 YEARS, S/O. LATE KANDAMKULATHY PATHROSE VAIDYAN KANDAMKULATHY HOUSE, KUZHUR.P.O., MALA THRISSUR-680 734

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BY SENIOR ADVOCATE SRI.S.SREEKUMAR ADVS.SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.R.GITHESH SRI.MANJUNATH MENON

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RESPONDENT(S):

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1. M/S.KANDAMKULATHI FRANCIS VAIDYAN'S AYURVEDA VAIDYASALA (P) LTD CIN: U51397KL2003 PTC016316 NO:III/225B, KUZHUR.P.O., MALA KERALA-680734

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2. KANDAMKULATHI FRANCIS PAUL DIN: 00997517 S/O. K.F. POULOSE, KANDAMKULATHY HOUSE KUZHUR.P.O., MALA, THRISSUR PIN- 680 734

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3. SIJI ABRAHAM, DIN 05182784, PURAKKATTU HOUSE NEAR MORNING STAR COLLEGE, ANGAMALY SOUTH- 683 572

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PBS

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WP(C).No. 5351 of 2018

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4. THE DEPUTY DRUGS CONTROLLER (AYURVEDA) OFFICE OF THE DRUGS CONTROLLER RED CROSS ROAD, VANCHIYOOR.P.O. THIRUVANANTHAPURAM- 695 035

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5. THE REGISTRAR OF COMPANIES, KERALA, COMPANY LAW BHAVAN KAKKANADU.P.O., ERNAKULAM

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6. THE REGIONAL DIRECTOR (SOUTHERN REGION), MINISTRY OF CORPORATE AFFAIRS SHASTRI BHAWAN, 26 HADDOWS RAOD CHENNAI- 600 006

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R1 TO R3 BY ADV. SRI.K.V.VINOD

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R4 BY SENIOR GOVERNMENT PLEADER SRI.P.M.MANOJ

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R5 & R6 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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ON 06-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 5351 of 2018 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED UNDER THE KERALA VALUE ADDED TAX ACT AND GST ACT DATED 30.6.2007 TO THE 1ST PETITIONER
EXHIBIT P2	TRUE COPY OF THE DRUG LICENSE DATED 23.6.1989 ISSUED BY THE 3RD RESPONDENT, DRUGS CONTROLLER UNDER DRUGS AND COSMETICS ACT, 1940
EXHIBIT P3	TRUE COPY OF THE TRADE MARK APPLICATION DATED 19.3.1993
EXHIBIT P4	TRUE COPY OF THE TRADE MARK REGISTRATION CERTIFICATE ISSUED BY THE REGISTRAR OF TRADE MARKS
EXHIBIT P5	TRUE COPY OF THE CERTIFICATE RENEWAL OF REGISTRATION OF TRADE MARK NO 593035 IN CLASS 5 DATED 3.11.16
EXHIBIT P6	TRUE COPIES OF VARIOUS CERTIFICATES ACHIEVED BY THE 1ST PETITIONER
EXHIBIT P7	TRUE COPY OF PROCEEDINGS OF FORM RD1 WITH SRN 44277259/23-05-2017 DATED 31.7.2017 OF 6TH RESPONDENT
EXHIBIT P8	TRUE COPY OF CERTIFICATE OF INCORPORATION OF THE 6TH RESPONDENT
EXHIBIT P9	TRUE COPY OF CERTIFICATE OF INCORPORATION PURSUANT TO CHANGE OF NAME
EXHIBIT P10	TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT ON 16.1.2018
EXHIBIT P11	TRUE COPY OF REPRESENTATION SUBMITTED BY THE 2ND PETITIONER ON 9.12.2017 BEFORE THE 4TH RESPONDENT
EXHIBIT P12	TRUE COPY OF REPRESENTATION SUBMITTED BY THE 1ST PETITIONER ON 9.12.2017 BEFORE THE 4TH RESPONDENT.

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PBS

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WP(C).No. 5351 of 2018 (T)

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RESPONDENT'S EXHIBITS

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EXHIBIT R1(A)	PHOTOCOPY OF INTERIM ORDER DATED 06.03.2018 IN W.P.(C) NO. 31973 OF 2017.
EXHIBIT R1(B)	PHOTOCOPY OF THE COMMUNICATION DATED 11.11.1998 FROM THE REGISTRAR OF TRADEMARKS REQUIRING DR. ROSE MARY WILSON TO EXPLAIN THE TERM “KANDAMKULATHY”.
EXHIBIT R1(C)	PHOTOCOPY OF THE REPLY DATED 25.12.1998 BY DR.ROSE MARY WILSON TO THE COMMUNICATION DATED 11.11.1998 FROM THE REGISTRAR OF TRADEMARKS.
EXHIBIT R1(D)	PHOTOCOPY OF THE RECTIFICATION APPLICATION DATED 18.09.2007.
EXHIBIT R1(E)	DOCUMENT SHOWING GENEALOGY (FAMILY TREE) OF THE 2ND RESPONDENT'S FAMILY.
EXHIBIT R1(F)	PHOTOCOPY OF THE REGISTRATION CERTIFICATE OF K.P. FRANCIS VAIDYAR DATED 17.08.1959.
EXHIBIT R1(G)	PHOTOCOPY OF REGISTRATION CERTIFICATE OF DR.K.F. WILSON DATED 17.02.1979. TRUE COPY

PS TO JUDGE

PBS 7/6/2018

SHAJI P. CHALY, J.

W.P.(C)No.5351 of 2018

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Dated this the 6^th day of June, 2018

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JUDGMENT

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This writ petition is filed by the petitioners seeking the

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following reliefs:-

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“(i) issue a writ of mandamus or other writ order or direction compelling the 6^th respondent to dispose of Exhibit P10 within a time limit to be fixed by this Hon'ble Court after affording an opportunity of being heard to the petitioner;

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(ii) Restrain the 4^th respondent not to issue any drug license to the 1^st respondent until Exhibit P10 is disposed of by the 6^th respondent.”

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Today when the matter is taken up, learned counsel

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appearing for respondents 1 to 3 submitted that, already an order

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is passed by the Regional Director as per section 16 of the

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Companies Act, 2013, disabling the respondents from using the

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name. Therefore, in my considered opinion, whatever reliefs

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W.P.(C)No.5351 of 2018

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sought for by the petitioners in this writ petition stand redressed, in

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view of the order passed by the Regional Director. Therefore, I do

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not find any reason proceed with the writ petition any further, since the grievances stand redressed.

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Writ petition stands allowed to the extent recording that the name of the first respondent is now withdrawn by the Regional Director in accordance with the provisions of Act, 2013.

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Sd/-

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SHAJI P. CHALY, JUDGE

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dlk/6/6/18

M/S.K.P.Pathrose Vaidan'S Kandamkulathy Vaidysala v. M/S.Kandamkulathi Francis Vaidyan'S Ayurveda Vaidyasala (P) Ltd.

Case brief

What is this about?

What did the court decide?

M/S.K.P.Pathrose Vaidan'S Kandamkulathy Vaidysala v. M/S.Kandamkulathi Francis Vaidyan'S Ayurveda Vaidyasala (P) Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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