Partly allowed

M/s.Mrf Ltd. v. Multi Race Fource Lubricants

Madras HC8 Nov 2018CS/258/2017

Case brief

AI extract

What is this about?

The Court permitted a suit filed by M/s. MRF Limited against Multi Race Force Lubricants Pvt. Ltd for trademark infringement and passing off. The Court granted perpetual injunctions regarding the use of 'MRF' marks, meta-tags, and domain names. It also awarded costs and compensatory costs but dismissed the specific claim for a fixed sum of damages due to lack of evidence.

What did the court decide?

Perpetual injunctions against trademark infringement and passing off granted; accounts of profits directed to be rendered; compensatory costs of Rs. 5 lakhs awarded; prayer for fixed damages of Rs. 25

M/s.Mrf Ltd. Vs Multi Race Fource Lubricants — Intellectual Property | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 08.11.2018

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CORAM

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THE HON'BLE MR.JUSTICE M.SUNDAR

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C.S.No.258 of 2017 and O.A.Nos.362 & 363 of 2018 and A.Nos.1581 to 1583 of 2018 M/s.MRF Limited, Having registered Office at No.114, Greams Road, Chennai 600 006, represented by its Company Secretary Mr.Ravi Mannath. ..Plaintiff Vs.

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Multi Race Force Lubricants Pvt. Ltd, Having its Registered office at 62, Anandpur, Near Bus Stand Mandi Road, Mathura-281 004 Also having Corporate office at B-5, KishanGarh, Maharoli, Ward No.2, New Delhi. .. Defendant

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This Civil Suit is preferred, under Order IV Rule 1 Original Side Rules and Sections 28,29,134 and 135 of the Trade Marks Act, 1999, praying to

*Exhibit*	*Description*
No
Ex.P1	Original of the letter of authorization dated 18.10.2018.
Ex.P2	Photocopy of the certificate of legal use and

*Exhibit* No	*Description*
	Registration of the Trade Marks together with the certificate of renewal of the marks of plaintiff.
Ex.P3	Photocopy of the certificate of legal use and Registration of the Trade Marks in 79 countries.
Ex.P4	Original of Charactered Accountant's certificate showing the sales turnover and expenditure on advertisement
Ex.P5	Photocopy of sample invoices for the sale of Tyres by the plaintiff under the trademark MRF and the list of countries to which the MRF tyres are exported
Ex.P6	Photocopy of some of the awards received by plaintiff
Ex.P7	Photocopy order secured by plaintiff in respect of its trade mark MRF
Ex.P8	Photocopy of the infringing trade mark and the
	connected logo
Ex.P9	Photocopy of screen shot of the defendant's website
Ex.P10	Original legal notice dated 06.01.2016 along with acknowledgment card
Ex.P11	Original legal notice dated 08.06.2016 along with acknowledgment card
Ex.P12	Photocopy of screen short of the google search for that term MRF Lubricant
Ex.P13	Photocopy of print out sample of web pages of defendant's website along with the corresponding html code used in the website
Ex.P14	Photocopy of description given by 1^stdefendant in respect of some its products on its website
Ex.P15	Photocopy of search result showing the defendant's location

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What did the court decide?

What is this about?

What did the court decide?

What the court decided

A compact analysis

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