Granted leave to the applicant to file a single suit for joinder of cause of action seeking reliefs under the Trade Marks Act, 1999 and Copyright Act, 1957 regarding trademark and copyright infringement allegations.
Permission granted to applicant to file a single suit for joinder of cause of action and relief.
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
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 9th DAY OF APRIL 2021
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
A.No.1301 of 2021 in C.S.No.120 of 2021 M/s.Kaleesuwari Refindery Private Limited, Represented by its Manager (Legal), Mr.A.Saravanan (M-44 years), No.53, Rajasekaran Street, Opp. Kalyani Hospital, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004. ..Applicant/Plaintiff -Vs.M/s.Uma Maheshvari Agro Tech, Umatec, 1854/1, Kolar Main Road, Bangarpet-563114. ..Respondent/Defendant
Application praying that this Hon'ble Court be pleased to grant leave
to Applicant/plaintiff to file a single suit for Jointer of Cause of Action and reliefs under Trade Marks Act, 1999 and Copyrights Act, 1957 against the Respondent/Defendant.
This application coming on this day before this court for hearing, the Court made the following order: https://hcservices.ecourts.gov.in/hcservices/
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Heard the learned counsel for the petitioner.
2.Matter relates to infringement of trademark. The allegations against the respondent is that there is the infringement of the plaintiff's trademark as well as copyright.
3.Hence, permission is granted and the application seeking leave to file a single suit for joinder of cause of action and relief under Trade Marks
Act, 1999 and Copyright Act, 1957 is allowed.
Dated at Madras this the day of 2021.
JJ 17/04/2021 COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether leave is granted to the applicant to file a single suit for joinder of cause of action and reliefs under the Trade Marks Act, 1999 and Copyright Act, 1957 against the respondent.
2 provisions across 2 enactments
M/s.Kaleesuwari Refindery Private Limited
M/s.Uma Maheshvari Agro Tech
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
