Allowed

Aqua Pump Industries., v. Amazon Technologies Inc.

Madras HC3 Sept 2018A/5655/2018

Case brief

AI extract

What is this about?

The Commercial Division of the Madras High Court allowed an application under Clause 14 of the Letters Patent to join the causes of action for trademark infringement and passing off. The defendants did not raise any serious objection to the prayer.

What did the court decide?

The application to join the causes of action of infringement of registered trade mark and passing off is allowed and ordered as prayed for.

Aqua Pump Industries., Vs Amazon Technologies Inc. — Intellectual Property | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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MONDAY, THE 3RD DAY OF SEPTEMBER 2018

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THE HON'BLE MR.JUSTICE M.SUNDAR

A.No.5655 of 2018

C.S.No.493 of 2018

Aqua Pump Industries rep by its Managing Partner Mr.Ramaswamy Kumaravelu Thudiyalur Post Coimbatore 641 034 Having their branch office at New No.10, Old no.26 Errabalu Chetty Street, Parrys Corner Chennai 600 001.

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Aqua Sub Engineering rep by its Managing Partner Mr.Ramaswamy Kumaravelu Thudiyalur Post Coimbatore 641 034 Having their branch office at New No.10, Old no.26 Errabalu Chetty Street, Parrys Corner Chennai 600 001 ...Applicants/Plaintiffs

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-Versus1.Amazon Technologies INC, 410, Terry Avenue North, Seattle, Washington 98109, USA

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Amazon Seller Services (P) Limited Ground Floor, Eros Plaza, Eros Corporate Tower, Nehur Place New Delhi 110019 And Aslo at No.26/1, 8th Floor, Brigade Gateway, Dr.Raj Kumar Road, Malleshwaram(W) Bangalore 560055.

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https://hcservices.ecourts.gov.in/hcservices/

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..Respondents/Defendants

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Application praying that this Hon'ble Court be pleased to join the causes of action of infringement of registered trade mark and passing off.

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This Application coming on this day before this court for hearing the court made the following order:

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There are two plaintiffs and two defendants in the main suit. Plaintiffs 1 and 2 in the main suit are Applicants 1 and 2 respectively in the instant application. Defendants 1 and 2 in the main suit are Respondent 1 and 2 respectively in the instant application. Parties in this application are referred to by their respective ranks in the main suit for the sake of convenience and clarity.

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The instant application has been taken out by the plaintiffs inter alia under Clause 14 of the Letters Patent for joining two causes of action. Two causes of action sought to be combined are infringement of Trademark and passing off qua the same Trademark. To be noted it is alleged infringement of Trademark and alleged passing off.

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Ms.Gladys Daniel, learned counsel for plaintiffs and Mr.M.S.Bharath, learned counsel for defendants are before this Commercial Division.

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I have heard both learned counsel.

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Learned counsel for defendants submits that without prejudice to his rights and contentions in main suit and interlocutory applications, there is no serious objection or opposition to this application.

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https://hcservices.ecourts.gov.in/hcservices/

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In the light of the narrative supra, the prayer in this application is acceded to. In other words, this application is allowed and ordered as prayed for.

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Sd/-M.S.J
03.09.2018
//Certified to be a true copy//
Dated this the day of 2018.
KY/05.09.2018 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies
of the Order/Judgment Decree in this format.

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https://hcservices.ecourts.gov.in/hcservices/

Aqua Pump Industries., v. Amazon Technologies Inc.

Case brief

What is this about?

What did the court decide?

Aqua Pump Industries., v. Amazon Technologies Inc.

Case brief

What is this about?

What did the court decide?

What the court decided

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