The court granted an application to combine causes of action for infringement of a registered trademark and passing off in a single proceeding to avoid multiplicity of litigation.
Application A.No.884 of 2021 to combine causes of action of trademark infringement and passing off was allowed.
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)
WEDNESDAY, THE 7th DAY OF APRIL 2021
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
A.No.884 of 2021 in C.S.No.82 of 2021 1.Aqua Pump Industries, rep. by its Managing Partner Mr.Ramaswamy Kumaravelu Thudiyalur Post, Coimbatore 641034 Having their branch office at New No.10, Old No.26 Errabalu Chetty street Parrys corner, Chennai-600 001. 2.Aqua Sub Engineering rep. by its Managing Partner Mr.Ramaswamy Kumaravelu Thudiyalur Post, Coimbatore 641034 Having their branch office at New No.10, Old No.26 Errabalu Chetty Street, Parrys Corner Chennai-600 001. ..Applicants/Plaintiffs -Vs.Smt.Nirmala Devi Proprietor M/s.JK & Sons, Having address at Old Telephone Exchange, https://hcservices.ecourts.gov.in/hcservices/ Budhwala Ward No.16, Prem Basti, Budhlada Mansa Dist., Punjab-151502. ..Respondent/Defendant
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Application praying that this Hon'ble Court be pleased to permit the
Applicants to combine causes of action of infringement of registered trademark and passing off.
This application coming on this day before this court for hearing, the
Court made the following order:
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 passing off the goods of the respondent as that of the plaintiff.
3.Private notice served. There is no representation for the respondent.
4.This application is to permit the plaintiff to combine causes of action of infringement of trademark as well as passing off. To avoid multiplicity of proceedings the application in A.No.884 of 2021 is allowed.
//Certified to be true copy// 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 the applicants should be permitted to combine causes of action regarding infringement of registered trademark and passing off in the same proceeding.
1.Aqua Pump Industries, rep. by its Managing Partner Mr.Ramaswamy Kumaravelu Thudiyalur
2.Aqua Sub Engineering
Smt.Nirmala Devi Proprietor M/s.JK & Sons
Dr. Justice G.Jayachandrnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
