The plaintiff withdrew the suit regarding trademark infringement under the Trade Marks Act, 1999, via an endorsement by counsel. The Court dismissed the suit as withdrawn on 28.11.2018 without pronouncing a speaking order.
Suit dismissed as withdrawn. Connected interlocutory applications closed. No order as to 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: 28.11.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.345 of 2017
and
O.A.Nos.478 & 479 of 2017
and A.No.4119 of 2018
Texmo Industries
Registered Partnership firm
Represented by its Constituted Attorney
Mr.Palaniappan
P.B.No.5303
Gnanmbika Mills P.O.,
Mettupalayam Road
Coimbatore – 641 029. ..Plaintiff
Vs.
1.Mr.Gopal Prasad Keshari
Proprietor, Texo Electrical Company
RZ-C 18-A, Vishnu Garden
Delhi – 110088.
2.Texo Electrical Company
RZ-C 18A, Vishnu Garden
Delhi – 110088. .. Defendants
This Civil Suit is preferred, under Order IV Rule 1 O.S. Rules and Order VII Rule 1 CPC, read with Sections 11, 27, 29, 134 & 135 of The Trade Marks Act, 1999, praying to
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a) a permanent injunction restraining the defendants their partners, their employees, officers, servants, agents, and all others acting for and on their behalf from manufacturing, launching, selling, distributing, advertising, exporting, offering for sale and in any manner, directly or indirectly as a trade name, dealing in any product or services in the name of 'TEXO' or any other similar mark amounting to an infringement of the plaintiff's registered trademarks Nos. under registration numbers 794425 in Class 02; Nos.315049 and 315050 both in Class 22; 794464 in Class 23; 794434 in Class 24; 794417 and 794465 both in Class 25 and 794418 in Class 26;
b) a permanent injunction restraining the defendants, their partners, their officers, employees, servants and agents from manufacturing, launching, selling, offering for sale, advertising and directly or indirectly dealing in any product or service under the trademark 'TEXO' or any other similar marks amounting to passing off of the products and services of the defendants as and for that of the plaintiff's mark TEXMO;
c) to declare the plaintiff's trademark TEXMO as a well-known Trade Mark;
d) to grant order of delivery up of any brochures/printed material and/or any material which infringes plaintiffs' copyright and registered trademarks TEXMO;
e) to direct the defendants for rendition of accounts in respect of their alleged activities especially sale and promotion of products bearing the mark 'TEXMO' for their goods and business;
f) Costs and such other relief as this Hon'ble Court may deem fit in the circumstances of the case, in the interests of justice and equity.
For Plaintiff : Mr.N.C.Vishal for M/s.Anand & Anand
For Defendants : No Appearance JUDGMENT
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Mr.N.C.Vishal, learned counsel on record for sole plaintiff submits
that plaintiff has given instructions for withdrawal of this suit. Saying so,
learned counsel has made an endorsement in the suit file, which reads as
follows:
'Under written instructions from the plaintiff and on the basis of affidavit dated 27th October 2018, the plaintiff is withdrawing the present suit.
(s/d)
Counsel for plaintiff
25/11/2018'
2. Learned counsel reiterates the aforesaid endorsement.
Court fee.
same in the hearing, this suit stands dismissed as withdrawn. Consequently,
all connected interlocutory applications are closed. There shall be no order
as to costs.
28.11.2018
Speaking order/Non-Speaking Order Index : Yes/No vsm
M.SUNDAR, J.
vsm
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C.S.No.345 of 2017
and O.A.Nos.478 & 479 of 2017
and A.No.4119 of 2018
28.11.2018
3 provisions across 2 enactments
Texmo Industries
Gopal Prasad Keshari
Texo Electrical Company
M. SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
