Dismissed

M/S.Classic Belts Private v. M/S. Escon Internatinal

Madras HC9 Aug 2021CS/176/2012

Case brief

AI extract

What is this about?

In an intellectual property suit regarding trademark infringement under the Trademarks Act, 1999, the bench recorded the plaintiff's counsel incurring a settlement between parties and granted permission to withdraw the suit. The court dismissed the suit as withdrawn and closed the connected original application without costs.

What did the court decide?

The suit in C.S.No.176 of 2012 was dismissed as withdrawn. The connected O.A.No.200 of 2012 was closed. No costs were awarded.

M/S.Classic Belts Private Vs M/S. Escon Internatinal — Intellectual Property | 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 09TH DAY OF AUGUST 2021

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THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

C.S.No.176 of 2012

and

O.A.No.200 of 2012

M/s.Classic Belts Private Limited Represented by its Managing Director Mr.Arjunraj Anappuram, Kinassery, Palakkad – 678 707, Kerala.

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...Plaintiff/Applicant

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.Vs.

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1.M/s.Escon International Private Limited, Escon House – 509, Kuchapatiram, Bazar Sita Ram, Chawri Bazar, Delhi – 110 006.

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(*) 2. M/s.Delhi Catlery Mart, Kasi Chetty Steet, Near Flower Bazaar Police Station, Chennai.

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[2^nd defendant deleted as per order dated 12.09.2012 in A.No.3565 of 2012]

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3.M/s.Jyoti Rubbers Private Limited,

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509, Kuchapatiram, Bazar Sita Ram, Chawri Bazar, Delhi – 110 006.

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4.M/s.Umang Marketing,

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No.60 & 69, 2^nd Cross, Singayanapalya,

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

Whitefield Road,

Mahadevapura Post,

Opp. to Bimal Automobiles, Bangalore – 560 048, Karnataka.

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... Defendants/Respondents

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

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(a) A perpetual injunction restraining the defendants by themselves or their men, servants, agents, franchises, successors in interest, licensees, assignees, representatives or any of them from in any manner infringing the plaintiff's registered Trademark 'CLASSIC' by use of the Trademark 'CLASSIC' or any mark deceptively similar to that of the plaintiff's registered Trademark or by use of identical or deceptively similar trading style or in any other manner whatsoever;

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(b) A perpetual injunction restraining the defendants by themselves or their men, servants, agents, franchises, successors and interest, licensees, assignees, representatives or any of them from in any manner passing off or enabling passing off the defendants' goods under the Trade mark 'CLASSIC' or any deceptively similar Trade Mark as and for the goods of the plaintiff's under the Registered Trade Mark 'CLASSIC' or by publication in their website or in any other manner whatsoever;

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all name boards, menu cards, packing materials, visiting cards, letterheads, https://hcservices.ecourts.gov.in/hcservices/ printer bills, cartons, sachets, belts and other materials bearing the

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

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trademark 'CLASSIC' or any mark deceptively similar to that of the

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plaintiff's registered Trade Mark and artistic work 'CLASSIC';

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(d) The defendants be ordered to prepare and submit an account of profits made by them by the unlawful use of the Registered Trade Mark of the plaintiff and there after to pass a final decree upon ascertaining the accounts, in favour of the plaintiff and against the defendants and

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(e) For the costs of the suit.

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O.A.No.200 of 2012:-

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Original Application praying that this Hon'ble Court be pleased to grant an order of ad interim injunction restraining the defendants by themselves or their men, servants, agents, franchises, successors in interest, licensees, assignees, representatives or any of them from in any manner infringing the plaintiff's registered Trademark 'CLASSIC' by use of the Trademark 'CLASSIC' or any mark deceptively similar to that of the plaintiff's registered Trademark or by use of identical or deceptively similar trading style or in any other manner whatsoever;

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This suit alongwith original application coming on this day before this court for hearing in the presence of Mr.N.Srivatsav for Mr.K.Rajasekaran, Advocates for the Plaintiff in C.S.No.176 of 2012 and for the Applicant in O.A.No.200 of 2012 and Mr.Madhan Babu, Advocate

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https://hcservices.ecourts.gov.in/hcservices/ for the Defendants 2 and 3 in C.S.No.176 of 2012 and for the respondents 2

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and 3 in OA.No.200 of 2012 and Mr.S.Ramesh Kumar, Advocate for the 4^th

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defendant in C.S.No.176 of 2012 and for the 4^th respondent in OA.No.200

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of 2012 and upon reading the plaint filed in C.S.No.176 of 2012 and the order dated 20.03.2012 made in O.A.No.200 of 2012, and the learned counsel for the plaintiff having submitted that the parties have entered into a settlement and seeks permission to withdraw the suit, and this court doth

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recording the same, it is ordered as follows:

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That the suit in C.S.No.176 of 2012 be and is hereby dismissed as withdrawn.

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That the connected O.A.No. 200 of 2012 do stand closed.

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That there shall be no costs of this suit.

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 09^th DAY OF AUGUST 2021.

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Sd/-

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ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2021.

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

01.09.2021

C.S.No.176 of 2012 AND O.A.No.200 of 2012

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ORDER:DATED : 09.08.2021

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THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

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FOR APPROVAL: 20/09/2021

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APPROVED ON: 21/09/2021

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

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.08.2021

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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C.S.No.176 of 2012

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and

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O.A.No.200 of 2012

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M/s.Classic Belts Private Limited Represented by its Managing Director Mr.Arjunraj Anappuram, Kinassery, Palakkad – 678 707, Kerala.

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...Plaintiff

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.Vs.

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1.M/s.Escon International Private Limited,

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Escon House – 509, Kuchapatiram, Bazar Sita Ram, Chawri Bazar, Delhi – 110 006.

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2.M/s.Delhi Catlery Mart, Kasi Chetty Steet, Near Flower Bazaar Police Station, Chennai.

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[2^nd defendant deleted as per order dated 12.09.2012 in A.No.3565 of 2012]

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3.M/s.Jyoti Rubbers Private Limited, 509, Kuchapatiram, Bazar Sita Ram, Chawri Bazar,

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Delhi – 110 006.

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4.M/s.Umang Marketing,

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No.60 & 69, 2^nd Cross,

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

Singayanapalya,

Whitefield Road,

Mahadevapura Post, Opp. to Bimal Automobiles, Bangalore – 560 048, Karnataka.

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... Defendants

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Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure read with Section 27, 28, 29, 134 and 135 of the Trademarks Act, 1999 praying for a judgment and decree for:

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(b) A perpetual injunction restraining the defendants by themselves or their men, servants, agents, franchises, successors in interest, licensees, assignees, representatives or any of them from in any manner passing off or enabling passing off the defendants' goods under the Trade mark 'CLASSIC' or any deceptively similar Trade Mark as and for the goods of the plaintiff's under the Registered Trade Mark 'CLASSIC' or by publication in their website or in any other manner whatsoever;

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(c) The defendants be ordered to surrender to plaintiff for destruction all name boards, menu cards, packing materials, visiting cards, letterheads, printer bills, cartons, sachets, belts and other materials bearing the trademark 'CLASSIC' or any mark deceptively similar to that of the plaintiff's registered Trade Mark and artistic work 'CLASSIC';

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

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(d) The defendants be ordered to prepare and submit an account of

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profits made by them by the unlawful use of the Registered Trade Mark of the plaintiff and there after to pass a final decree upon ascertaining the accounts, in favour of the plaintiff and against the defendants and

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(e) For the costs of the suit.

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For Plaintiff : Mr.N.Srivatsav

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for Mr.K.Rajasekaran

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For Defendants : Mr.Madhan Babu for D1 and D3 Mr.S.Ramesh Kumar for D4

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J U D G M E N T

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Mr.N.Srivatsav, learned counsel appearing for the plaintiff would submit that the parties have entered into a settlement and seeks permission to withdraw the suit.

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2. Recording the said statement made by the counsel for the plaintiff, the suit is dismissed as withdrawn . No costs. Consequently, the connected original application is closed.

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09.08.2021

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List of the witnesses examined on the side of the plaintiff : Nil List of Exhibits marked on the side of the plaintiff : Nil

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List of the witnesses examined on the side of the defendants: Nil

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List of Exhibits marked on the side of the defendants: Nil

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09.08.2021

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//Certified to be true copy//

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Dated at Madras this the day of 2021.

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

M/S.Classic Belts Private v. M/S. Escon Internatinal

Case brief

What is this about?

What did the court decide?

M/S.Classic Belts Private v. M/S. Escon Internatinal

Case brief

What is this about?

What did the court decide?

What the court decided

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