G.Rajendran and 2 Others v. Mr.Bhaskarreddy Chillavarthi
Case brief
What is this about?
On an application for breach of injunction, the court appointed an Advocate Commissioner to inspect the respondent's premises regarding the use of the infringing trademark 'GRT' and ascertain facts for a future order, fixing the report date as 26.10.2021.
What did the court decide?
Appointed Mr. R. Kamesh Kumar as Advocate Commissioner to inspect respondent's premises and file a report by 26.10.2021; interim injunction extended.
What the court decided
A.No.3280 of 2021,
O.A.Nos.216 and 217 of 2021, A.Nos.2542 and 2543 of 2021
in
C.S. No.141 of 2021
DR.G.JAYACHANDRAN, J.
The suit is for infringement filed by the applicant herein against
the defendant for imitating the registered trademark of the plaintiff viz.,
“GRT”. Hence, the specific case of the plaintiff/applicant is that the defendant/respondent has slavishly imitated the trademark of the plaintiff “GRT” for their textile business, which is carried out by the defendant in the very same street, where the plaintiff is carrying on his jewellery business.
2.This Court being prima facie convinced that there is patent infringement of the plaintiff's trademark, granted ad interim injunction on 23.04.2021. Despite notice and intimation of the interim order, the respondent/defendant has not entered appearance and also not removed the infringed mark. Hence, the present application is filed by the plaintiff to appoint an Advocate Commissioner enabling him to inspect the premises of the respondent/defendant and file a status report regarding the operation of the respondent, use of the infringed trademark
Issues for consideration
2 issues framed by the court
Whether an Advocate Commissioner should be appointed to inspect the respondent's premises for infringement of the trademark GRT.
Whether to appoint a Commissioner under Order XXXIX Rule 2A CPC to ascertain usage of the infringing mark.
Parties & counsel
- applicant
Applicant / Plaintiff
- respondent
Respondent / Defendant
Coram
Dr. G. Jayachandran
Case details
As recorded by the court registry
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