In this civil suit for injunction and account of profits regarding alleged infringement of trade marks and copyright, the plaintiff's counsel submitted instructions to withdraw the suit, leading to the dismissal of the case as withdrawn without costs.
The suit was dismissed as withdrawn with no costs awarded.
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)
TUESDAY, THE 27TH DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.151 of 2000
Amrutanjan Limited, 42-45, Luz Church Road, Mylapore, Chennai-600 004. ... Plaintiff
-Versus-
Subaa Laboratories, Kancheepuram- 631 501.
... Defendants
C.S.No. 151 of 2000
Civil Suit praying that this Hon'ble Court be pleased to grant a judgment and decree:
A) Granting a permanent injunction, restraining the Defendants by themselves, their servants, agents, or anyone claiming throught them from manufacturing, selling and offering for sale the pain balm, using the offending carton used for selling "ANJANA" pain balm filed as Doc.No. 4 (photostate copy of the "Anjana" pain balm carton) in any colour or any
other trade-mark, which is in any way deceptively similar either https://hcservices.ecourts.gov.in/hcservices/
phonetically, or visually of the Plaintiffs' registered trade-mark as found in
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Trade Mark Nos. 8906 and 455342 in Class-5
B) Granting a permanent injunction, restraining the Defendants by themselves, their servants, agents, their printers and distributors by an order of this Hon'ble court from committing infringement of the copyright the Plaintiffs have in their artistic in Doc.No. 6 (Copyright Certificate) filed along with the plaint by distributing, printing on causing to be printed, the impugned carton of the Defendants filed in the plaint as Doc.No.4 or any other work, which is a colourable imitation of the plaintiff's artistic work contained in Document No. 3 (Plaintiffs' carton) filed along with the Plaint;
C) Directing the defendants to render a true and faithful accounts of the profits earned by them through the manufacture and sale of the impungned trade-mark "Anjan" pain balm and directing such profits to be paid to the Plaintiffs for the infringement committed by them; D)Directing the defendants to surrender to the Plaintiffs all the cartons, labels and any other printed matters containing or consisting of the impugned trade-mark together with the Blocks used for the purpose of printing the same for destruction; and
E) Directing the Defendants to pay to the Plaintiffs the cost of ths suit.
This suit coming on this day before this court for hearing in the https://hcservices.ecourts.gov.in/hcservices/ presence of Ms. Hemalatha for Mr. C. Daniel, Advocates for the Plaintiff
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herein and upon reading the plaint and the memo dated 20/07/2021 filed
herein and the learned counsel for the plaintiff having submitted that she
got instructions to withdraw the suit and a memo has also been filed to
that effect, and this court doth recording the same, it is ordered as
follow:-
dismissed as withdrawn
WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 27TH DAY OF JULY 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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NS 24.08.2021
C.S.No. 151 of 2000
DECREE
DATED 27/07/2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 08/09/2021
APPROVED ON:09/09/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.151 of 2000
Amrutanjan Limited, 42-45, Luz Church Road, Mylapore, Chennai – 600 004.
...Plaintiff
Vs.
Subaa Laboratories, Kancheepuram – 631 501. ...Defendant
Prayer: Plaint filed under Order VII, Rule 1 of C.P.C., r/w. Order IV Rule 1 of the Original Side Rules and Sections 105 & 106 of the Trade & Merchandise Marks Act, 1958 and Section 62 of the Copyright Act, 1957, praying as follows:-
a) granting a permanent injunction, restraining the defendants by themselves, their servants, agents, or anyone claiming through them from manufacturing, selling and offering for sale the pain balm, using the offending carton used for selling “ANJANA” pain balm filed as Doc.No.4 (photostate copy of the “Anjana”pain balm carton) in any colour or any other trade-mark, which is in any way deceptively similar either phonetically, or visually of the plaintiffs' registered trade-mark as found in Trade Mark Nos.8906 and 455342 in Class-5;
b) granting a permanent injunction restraining the defendants by themselves, their servants, agents, their printers and distributors by an order https://hcservices.ecourts.gov.in/hcservices/ of this Hon'ble Court from committing infringement of the Copyright the plaintiffs have in their artistic in Doc.No.6 (Copyright Certificate) filed
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along with the plaint by distributing, printing on causing to be printed, the impugned carton of the defendants filed in the plaint as Doc.No.4 or any other work, which is a colourable imitation of the plaintiff's artistic work contained in Document No.3 (Plaintiffs' carton) filed along with the plaint;
c) directing the defendants to render a true and faithful accounts of the profits earned by them through the manufacture and sale of the impugned trade-mark “ANJANA” pain balm and directing such profits to be paid to the plaintiffs for the infringement committed by them;
d) directing the defendants to surrender to the plaintiffs all the cartons, labels and any other printed matters containing or consisting of the impugned trade-mark together with the blocks used for the purpose of printing the same for destruction;
e) directing the defendants to pay to the plaintiffs the costs of the
suit, and
f) pass such further or other orders, as this Hon'ble Court may deem fit and proper in the circumstances of the case and to thus render justice.
For Plaintiff : Ms.Hemalatha for
Mr.C.Daniel
J U D G M E N T
Ms.T.Hemalatha representing Mr.C.Daniel would submit that she
has got instructions to withdraw the suit. A memo has also been filed to
that effect.
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2.Recording the same, this suit is dismissed as withdrawn. No
costs.
Sd/- R.S.M.J. 27/07/2021
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendant:
Nil
Sd/- R.S.M.J. 27/07/2021 //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.
3 provisions across 3 enactments
R. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
