In a trademark infringement suit for permanent injunction and account of profits against a defendant company struck off the ROC list and in dormant status, the court closed the suit granting liberty to file a fresh suit if the defendant resumes business using the plaintiff's trademark.
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C.S.No.901 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2019
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
C.S.No.901 of 2010
Anna Nagar West, Chennai – 600 040. Represented by its Director, A.D.Padmasingh Issac.
2.M/s.Aachi Masala Foods (P) Ltd., No.6, Ground Floor, 15th Street, Anna Nagar, 'G' Block, Chennai – 600 040. Represented by its Director, Ashwin Pandian. ... Plaintiffs Vs.
Aachi Trucking Services Private Limited, Door No:9, III Floor, VGP Murphy Squire, No:19, GST Road, ST.Thomas Mount, Chennai – 600 016, Tamilnadu, India. ... Defendant
Plaint filed under Order VII Rule 1 C.P.C. read with Order IV Rule 1 of the High Court Original Side Rules praying for:
(a) granting a permanent injunction, restraining
the defendant, by himself, his servants, agents, distributors, or anyone claiming through him from manufacturing, selling, advertising and offering for sale
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using the same name AACHI as used by the plaintiffs and the trademark AACHI TRUCKING SERVICES PRIVATE LIMITED or any other similar trademark name or similar sounding expression in any media and use the same in name board, invoices, letter heads and visiting cards or by using any other trademark/name which is in anyway visually or deceptively or phonetically similar to the plaintiffs' trademark/name AACHI and use the same in pouches, packets or use the mark in invoices, letters heads and visiting cards, as part of their company name or any other trade literature or by using any other trademark which is in any way visually, or phonetically similar to the plaintiffs' registered Trademark Nos.922594, 922595, 1374937, 1340324, 1340325, 1367430, 1372439, 1372440, 1375754, 838786, 976559, 1025302, 1025304, 1025305, 1318493, 1318494, 1318495, 1375755, 1375756, 1380625, 1357284, 1479158, 1479159, 1418281, 1025303, 1415328 and 1116254 or in any manner infringing the plaintiff's registered trademarks referred herein.
(b) directing the defendant to surrender to the plaintiffs all the packing material, cartons, advertisement materials and hoardings, letter-heads, visiting cards, office stationery and all other materials containing/bearing the name AACHI as shown in Document No.2 or other deceptively similar trademark used in the pouches and packets bearing the word AACHI.
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C.S.No.901 of 2010
(c) directing the defendant to render an account of profits made by them by the use of the impugned trademark and get up as shown in Document No.2 on the service referred and decree the suit for the profits found to have been made by the defendant after the defendants have rendered accounts:
(d) directing the defendant to pay to the plaintiff's the costs to the suit, and
(e) pass such further or other orders, as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Plaintiffs : M/s.C.Daniel & Gladys Daniel
For Defendant : Set ex-parte
vide order dated 20.12.2016
J U D G M E N T
The learned counsel appearing for the plaintiffs submitted that
nothing survives in this case for adjudication, since the defendant Company was in dormant state from the year 2014, and they are not carrying on any business and the name of the defendant Company was also struck off from the List of Companies by the Registrar of Companies in the year 2014 itself. The learned
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at
KRISHNAN RAMASAMY,J.,
counsel also drawn the attention of this Court to the ROC Notice.
Therefore, the learned counsel submitted that the present Civil Suit may be closed granting liberty to the plaintiff to file a fresh suit against the defendant, in case, if the defendant Company again got enrolled in the List of Companies and carrying on the business by using the plaintiff's trademark “AACHI”.
14.08.2019
AT
C.S.No.901 of 2010
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1 issue framed by the court
Whether the civil suit against a defendant company struck off from the ROC list in dormant status may be closed with liberty to file a fresh suit if the company re-enrolls and uses the trademark.
KRISHNAN RAMASAMY,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
