The Court disposed of a suit for trade mark infringement and passing off along with three original applications for injunctions. Observing the matter was pending for over 20 years and parties were no longer inclined to pursue it, the suit was dismissed and O.A.s were closed.
Suit dismissed; Original Applications closed; No order as to costs.
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) MONDAY, THE 2ND DAY OF AUGUST 2021 THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
C.S.No.1015 of 2001
And O.A.Nos.1006 to 1008 of 2001
C.S.No.1015 of 2001 & O.A.No.1006 to 1008 of 2001:-:-
M/s.KWIK PATCH LTD., represented by its Authorised Signatory Muralidhar, General Manager, Pers. & HRD, 67/68, Developed Plots, Ambattur Industrial Estate, Chennai-600 058. ..Plaintiff/Applicant in O.A.Nos.1006 to 1008 of 2001 Versus
Mr.N.R.Rajagopalan, Proprietor, M/s.Swathi Polymer Products, B-152, Industrial Estate, Mettupalayam, Pondicherry. ...Defendant/Respondent in O.A.Nos.1006 to 1008 of 2001
C.S.No.1015 of 2001:-
Civil Suit praying that this Hon'ble Court be pleased to grant (a) A permanent injunction restraining the defendants, their representatives, agents, servants, or any one claiming through them from, in any manner, infringing or violating the Plaintiff's Trade Mark "KWIK" by using the offending Trade Mark label KOOL BOND or any other Trade Mark/Label which is identical, similar or colourable imitation and substantial
https://hcservices.ecourts.gov.in/hcservices/ reproduction of the Plaintiff's trade mark label "KWIK".
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(b) Permanent injunction restraining the defendants their men,
agents, servants or any one claiming through them from in any manner passing off their goods as that of the Plaintiff's, by using the offending trade mark Label "KOOL BOND" or any other label or device which is similar or deceptively similar to that of the Plaintiff's Trade mark label "KWIK" as and for the Plaintiff's products either by manufacturing or offering for sale or in any manner advertising the same;
c) A Permanent injunction restraining the defendants, their men, agents, servants, or any one claiming through them from, in any manner, infringing the Plaintiff's Copy Right over the Trade Mark "KWIK" either by using the infringing label "KOOL BOND" or any other Trade Mark Label which is identical, similar or colourable and substantial reproduction of the Plaintiff's Copyright in the Trade Mark "KWIK".
d) Directing the defendants to surrender to the Plaintiff the entire stocks, with the Trade Mark label "KOOL BOND" and unused infringing label "KOOL BOND" together with blocks and dies for destruction.
e) Directing the defendants to render a true and faithful account of
the Profits earned by them through the sale of their products bearing the Trade Mark label "KOOL BOND" and directing the payment of such profits to the Plaintiffs;
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f)Directing the defendants to pay the costs of the suit to the
Plaintiff.
O.A.No.1006 OF 2001:-
Original Application praying that this Hon'ble Court be pleased to grant interim injunction restraining the defendant his representatives, agents, servants, or any one claiming through them from, in any manner, infringing or violating the Plaintiff's Trade Mark “KWIK” by using the offending Trade Mark label KOOL BOND or any other Trade Mark/Label which is identical, similar or colourable imitation and substantial reproduction of the Plaintiff's trade mark label “KWIK” pending disposal of the suit.
O.A.No.1007 OF 2001:-
Original Application praying that this Hon'ble Court be pleased to grant ad interim injunction restraining the defendant his men, agents, servants or any one claiming through them from in any manner passing off their goods as that of the Plaintiff's, by using the offending trade mark Label “KOOL BOND” or any other label or device which is similar or deceptively similar to that of the Plaintiff's Trade mark label “KWIK” as and for the Plaintiff's products either by manufacturing or offering for sale or in any manner advertising the same pending disposal of the suit.
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O.A.No.1008 OF 2001:-
Original Application praying that this Hon'ble Court be pleased to grant ad interim injunction restraining the defendant, his men, agents, servants, or any one claiming through them from, in any manner, infringing the Plaintiff's Copy Right over the Trade Mark “KWIK”, either by using the infringing label “KOOL BOND” or any other Trade Mark Label which is identical, similar or colourable and substantial reproduction of the Plaintiff's Copyright in the Trade Mark “KWIK” pending disposal of the suit.
This suit along with there original applications coming on this day before this court for hearing in the presence of Mr.Prasanna venkat for Mr.A.Prabhakara Reddy, Advocates for the plaintiff in C.S.No.1015 of 2001 and for the applicant in O.A.Nos.1006 to 1008 of 2001 and the defendants herein, not appearing in person or by advocate and upon reading the plaint filed herein and the judge's summon and the affidavit of T.Muralidhar filed in O.A.Nos.1006 to 1008 of 2001 and this court having observed that the matter is pending for more than 20 years and the parties
are not inclined to pursue the matter, it is ordered as follows:-
That the suit in C.S.No.1015 of 2001, be and is hereby dismissed.
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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 2ND DAY OF AUGUST 2021.
Sd/ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy//
Dated at Madras this the day of 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.
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VSP
13/08/2021
C.S.No.1015 of 2001 And
O.A.Nos.1006 to 1008 of 2001
ORDER
DATED: 02.08.2021
THE HON'BLE DR.JUSTICE
G.JAYACHANDRAN
APPROVAL ON: 06.09.2021
APPROVED ON: 07.09.2021
2 issues framed by the court
Whether to dispose of a suit for trade mark infringement and passing off after a long period of delay by the parties.
Whether C.S.No.1015 of 2001 and related original applications stand closed as the parties are not inclined to pursue the matter.
M/s. KWIK PATCH LTD.
Mr. N.R. Rajagopalan
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
