This order records the closing of a suit for trademark injunction and passing off relief by consent of parties, where defendants agreed to cease using the mark.
Suit closed by consent; defendants agreed to cease use of mark EMPEE; parties to bear own costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.09.2017
Coram :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
C.S.No.940 of 2015
Empee Distilleries Limited, represented by its Chairman M.P.Purushothaman, Empee Tower, No.59, Harris Road, Pudupet, Chennai 600 002. ... Plaintiff -vs1. United Breweries Limited, having its registered office at 'UB Tower', 'UB City', No.24, Vittal Mallya Road, Bangalore 560 001 and A branch Office at Door No.5, First Floor, Golden Enclave, 185, P.H.Road, Near Taylors Road, Kilpauk, Chennai 600 010. 2. Empee Breweries Limited, represented by its Board of Directors, 788/2, Kuthambakkam, Thirumazhisai P.O., Thiruvallur District, Pincode 602 107. 3. Millenium Alcobev Limited, represented by its Board of Directors, No.3, Second Line Beach, Chennai 600 001. ... Defendants
Plaint filed under Order IV, Rule 1 O.S.Rules and Order VII,
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Rule 1 of the C.P.C., r/w.Sections 134 and 135 of the Trade Marks Act, 1999 praying for;
(a)granting a permanent injunction restraining the defendants by themselves, or their servants, agents, promoters, representatives, distributors or any one claiming through them from in any manner whatsoever using the mark ËMPEE”or any other name/trade mark which is in any manner deceptively similar to the plaintiff's registered trademarks bearing nos.789254, 759001, 1117945, 1117951, 758998 all containing the word Émpee'as a trade mark or company name or in any other manner in the course of advertising, selling, manufacturing, marketing, labeling, distributing or otherwise in any manner in the course of trade or business and infringing in any manner the Plaintiff's trade mark 'EMPEE'.
(b) A permanent injunction restraining the Defendants by themselves, or their men, servants, agents, promoters, representatives or any one claiming through them from, in any manner whatsoever, using as a trade mark, company name or on their products, packaging, brochures, banners, stationary employee apparel/uniforms, invoices, website/domain name/URL and in exhibitions, road shows or otherwise in the course of trade and business, the trade mark or company name “EMPEE” or any other trade mark or company name deceptively similar to the Plaintiff's trademark 'EMPEE ' and in any manner passing off and/or enabling others to pass off the Defendant's liquor/beer business as and for the Plaintiff's business or doing any act or deed calculated to deceive the consumers;
c) A direction to the Defendants to surrender on oath to the Plaintiff for destruction all pouches, labels, cartons, packages, packing materials, dyes, printing blocks, moulds, screen prints, brochures, pamphlets, stationery, invoices ad other marketing and promotional and other materials bearing the mark “EMPEE”or any mark or label deceptively similar to Plaintiff's trademark “EMPEE”.
d) a preliminary decree be passed in favour of the plaintiff directing the defendants to render account of profits made by use of trademark and label “EMPEE”and a final decree be passed in favour of the Plaintifff for the amount of profits thus found to have been made by the Defendants after the latter have rendered accounts;
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e) The defendants be ordered and decreed to pay to the plaintiff a sum of Rs.25,01,000/- as damages for acts of passing off and infringement of Trade Mark committed by the defendant till date.
f) directing the defendants to pay costs of the suit.
For Plaintiff : Mr. Sathish Parasaran Senior Counsel for Mr.V.P.Raman
For Defendant : Mr. B.Kumar, Senior Counsel
for Mr.K.C.S.K. Balaji
J U D G M E N T
By consent of both parties and upon recording the statement
of Mr. B.Kumar, learned Senior Counsel for Mr.K.C.S.K. Balaji
appearing for the defendants that the defendants would not use
the word 'EMPEE' in or in connection with any of its products, the
suit and connected applications stand closed. Parties will bear their
own costs.
19.09.2017 Speaking Order/Non-Speaking Order Index: Yes/No msr
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DR. ANITA SUMANTH, J.
msr
C.S.No.940 of 2015
19.09.2017
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
