Judge permitted plaintiff's suit for injunction by accepting defendant's undertaking to discontinue using infringing trademark labels and continue with original labels.
Suit decreed restraining defendants from infringing plaintiff's trademarks and passing off the cartridges; defendants undertake to use original labels.
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: 06.08.2019
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
C.S.No.606 of 2012
M/s. V.N.C. Electrodes,
registered office
No.3, Industrial Estate,
S.Vellalapatti,
Karur 639 004,
Tamil Nadu
City Office
No.10, Soundararajan Street,
T.Nagar, Chennai 600 017,
rep. by its Managing Partner
C.Basker ... Plaintiff
Vs.
1. M/s. Sri Varsha Electrodes,
55, Phase V, Sidco Industrial Estate,
Kakkalur, Thiruvallur- 602 003.
2. M/s. Amar Trading Co.,
151 (155) Broadway,
Chennai 600 108. ... Defendants
Prayer:- This Civil Suit (Commercial) has been filed under Order IV Rule 1 of O.S. Rules and Sections 27(2), Section 134 and 135 of the Trade Marks Act,1999 and Section 62 of the Copy Rights Act 1957
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(a) for a permanent injunction restraining the defendants, their men, relatives, servants, agents or anyone claiming through or under them from in any manner infringing the plaintiff Trademark registered trade mark "VNC", written in a styliased manner with three diagonal stripes along the lettering, registered under No.1742348 in Class 9, using the offending/deceptively similar Trademark "SVE" or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the plaintiff's registered Trademark or any other brand name/mark or otherwise; so long as the Trade Mark Registration granted by the Trade Marks Registry with regard to registered trademark "VNC" Logo under Regd. No.1742348 in Class 9 is valid and subsisting ;
(b) grant of a permanent injunction restraining the
defendants, their men, relatives, servants, agents or any one claiming through or under them from in any manner infringing the plaintiff trademark registered trade mark "BESTARC", registered under No.532924 in Class 9, using the offending/deceptively similar Trademark "BLAZEARC" or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the plaintiff's registered Trademark or any other brand name/mark or otherwise; so long
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as the Trade Mark Registration granted by the Trade Marks Registry with regard to registered trademark "BESTARC" label under Regd. No.532924 in Class 9 is valid and subsisting;
(c) grant of a permanent injunction restraining the
defendants, their men, relatives, servants, agents or anyone claiming through or under them from in any manner infringing
the plaintiff trademark registered trade mark "BESTARC", registered under No.1256306 in Class 9, using the offending/deceptively similar Trademark "BLAZEARC" or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the plaintiff's registered Trademark or any other brand name/mark or otherwise; so long as the Trade Mark Registration granted by the Trade Marks Registry with regard to registered Trademark "BESTARC" label under Regd. NO.1256306 in Class 9 is valid and subsisting;
d) Grant of a permanent injunction restraining the defendants, their men, relatives, servants, agents or any one claiming through or under them from in any manner passing off the plaintiff trademark label containing the colour combination similar to that of the plaintiff's trademark application under
No.1356795 in Class 9, using the offending carton, Trademark or
any other mark or marks which are similar or in any way
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deceptively similar to or a colourable imitation of the plaintiff Trademark or any other brand name/mark or otherwise;
(e) Grant of a permanent injunction restraining the defendants, their men, relatives, servants, agents or anyone claiming through or under them from in any manner infringing the copyright pertaining to the artistic work comprised in the carton filed as Material Object NO.1, using the offending carton
filed as Material Object NO.2, or any other colour combination/essential features which are similar or in any way deceptively similar or the colourable imitation of the plaintiff's carton;
(f) grant of a permanent injunction restraining the defendants from either by manufacturing or selling or offering for sale or in any manner advertising an identical or deceptively similar carton as that of the plaintiff's carton on welding electrodes, Arc welding electrodes, Automatic and Semi Automatic welding equipments being the goods covered by the plaintiffs registration and also being the goods manufactured and sold by the defendants.
(g) for a decree that the entire stock of the impugned goods in the custody of each of the defendants be seized and kept in
the custody of the Hon'ble Court or the custody thereof be
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handed over to the plaintiffs and/or their representatives/agents;
(h) Directing the defendants to render the true, correct and faithful account of the sale of the goods under the Trademark of the plaintiff to ascertain the exact amount of damages accrued to the plaintiff;
(i) Directing to the defendants to surrender to theh plaintiff the entire stock of unused label of the defendant with the Trademark together with carton, label, brochures, printing blocks, films, floppies, CD's and other materials containing the offending Trademark, colour combination etc., which are deceptively similar to that of the plaintiff.;
(j) for the costs of the suit. For plaintiffs : Mr. T.K.Ramkumar For defendant : Mr. K.Shakespear for D1 : No appearance for D2 JUDGEMENT
The plaintiffs have filed the present suit for permanent injunctions.
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3. The learned counsel appearing for the plaintiff also
submits that the suit may be decreed in terms of the declaration of the first defendant in paragraph 9 of the counter.
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Class 9, registered trade mark under No.53294 in Class 9, registered trade mark under No.1256306 in Class 9, registered trade mark under No.1356795 in Class 9, passing off the plaintiff trademark and carton containing a colour combination similar to that of the plaintiff's trademark filed as Material Object No.1, using the offending carton filed as Material Object No.3 along with the plaint or any other mark or marks which are similar or
in any way deceptively similar to or a colourable imitation of Material Objection No.1. The said affidavit shall form part of the decree.
06.08.2019
mrp
Index : Yes/No Internet : Yes/No Speaking order/non speaking order
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KRISHNAN RAMASAMY, J.,
mrp
C.S.No.606 of 2012
06.08.2019
1 issue framed by the court
Whether suit for injunction should be decreed upon defendants' undertaking to change infringing label.
M/s. Sri Varsha Electrodes
M/s. Amar Trading Co.
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
