Disposed

Itc Ltd. v. Thathireddy Indra Reddy

Madras HC6 Dec 2021A/9080/2018

Case brief

AI extract

What is this about?

The High Court at Madras, in a civil suit regarding trademark and copyright infringement and the accompanying application for destruction of seized goods, observed that the court was proceeding to decide the suit itself and did not require further orders in the application. The application for directions for destruction of seized atta products was closed without further orders. No substantive lega

What the court decided

AI extract

Itc Ltd. Vs Thathireddy Indra Reddy — Contract and Commercial Disputes | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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MONDAY, THE 6TH DAY OF DECEMBER 2021

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THE HON'BLE JUSTICE N. ANAND VENKATESH

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A. No.9080 of 2018 and

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C.S. No.795 of 2018 (Comm.Suit)

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ITC Limited,

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No.760, Anna Salai, Chennai-600 002 rep. by its Constituted Attorney, Mr.P.Ramkumar

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...Plaintiff/Applicant

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-Versus-

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Thathireddy Indra Reddy,

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Plot No.65, Vorla Shankaramma Colony, Kapra, Secunderabad, Telangana-500 062.

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P.Anjaneyullu,

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H. No.4-190/31,

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Near 5th Avenue Baklery, Bhaskara Rao Nagar, Sainikpuri, Hyderabad, https://hcservices.ecourts.gov.in/hcservices/ Telangana-500 094.

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Rahul Mishra, 14-3, Everest Nagar, Ward No.3, Khalwara, Katni, Madhya Pradesh-483 501 ....Defendants/Respondent

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C.S. No.795 of 2018 (Comm.Suit)

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Civil suit praying that this Hon'ble court be pleased to grant a judgment and decree on the following terms:-

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a. A permanent injunction restraining the Defendants No. 1-6, themselves, its

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proprietor/directors/partners and other unknown persons as the case may be, successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers,

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wholesalers, retailers, representatives, assigns and all other persons claiming through

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or under them from infringing the registered trademark AASHIRVAAD of the Plaintiff by manufacturing, selling and/or distributing atta/flour products under identical mark AASHIRVAAD or any other similar or identical mark and in any

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other manner whatsoever;

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b. a permanent injunction restraining the Defendants No. 1-6, themselves, its

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proprietor/directors/partners and other unknown persons as the case may be,

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successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers,

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wholesalers, retailers, representatives, assigns and all other persons claiming through

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https://hcservices.ecourts.gov.in/hcservices/

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or under them from manufacturing, selling, offering for sale and/or distributing

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atta/flour products which would amount to passing off their flour products / food products as and for the Plaintiff's flour products by using an identical artistic work or any other trade mark / trade dress deceptively similar to the Plaintiff's AASHIRVAAD SUPERIOR MP ATTA Package in get up, lay out and arrangement of features or in any other manner whatsoever;

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c. a permanent injunction restraining the Defendants No. 1-6, themselves, its proprietor/directors/partners and other unknown persons as the case may be, successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers, wholesalers, retailers, representatives, assigns and all other persons claiming through or under them from manufacturing, selling, and/or distributing atta/flour products under identical mark/ label from committing acts of copyright infringement by copying the plaintiff's copyright in the artistic work of AASHIRVAAD SUPERIOR MP ATTA package labels by use of an identical labels, colour scheme, get up and placement of features or any other label similar or identical thereto and in any other

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manner whatsoever;

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d. The Defendants be ordered to surrender to the Plaintiff for destruction all

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labels, cartons, containers, packaging materials, blocks, dyes, prints, screen prints,

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https://hcservices.ecourts.gov.in/hcservices/ notices, pamphlets, advertisements, hoardings, and other promotional materials

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bearing the mark and packaging/label which is identical to the Plaintiff's registered

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trademark AASHIRVAAD and the Plaintiff's AASHIRVAAD SUPERIOR MP

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ATTA label;

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e. The Defendants be ordered to pay to the Plaintiff a sum of Rs. 10,00,000/- as

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damages for committing acts of infringement of trademark, infringement of copyright

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and passing off;

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f. a preliminary decree be passed in favour of the Plaintiff directing the

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Defendants to render true and faithful account of profits earned by them by use of the

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Impugned Packages and final decree be passed in favour of the Plaintiff for the amount of profits thus found to have been made by the Defendants, after the latter have rendered accounts;

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g. for entire costs of the suit.

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A. No. 9080 of 2018

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Application praying that this Hon'ble Court be pleased to grant a

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direction to the Station House Officer, Pet-Basheerabad Police Station, Cyberabad to

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handover, for destruction, the seized atta products sold by the respondents bearing the

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identical mark AASHIRVAAD and identical artistic work, pending disposal of the

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https://hcservices.ecourts.gov.in/hcservices/ suit.

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This Application coming on this day before this court for hearing, the Court

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made the following order:-

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Since this Court is proceeding further to decide the suit itself finally, no

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further orders are required in this application and this application is closed.

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06.12.2021

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.)

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From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. PS 14/12/2021

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https://hcservices.ecourts.gov.in/hcservices/

Itc Ltd. v. Thathireddy Indra Reddy

Case brief

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What the court decided

Itc Ltd. v. Thathireddy Indra Reddy

Case brief

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