Defendant's petition filed under the Trademarks Act, 1999, seeking permanent injunction against infringement of 'METO' trade mark by the plaintiff. Plaintiff withdrawn the petition. Thus, dismissed.
No costs awarded. Suit dismissed as withdrawn.
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 14TH DAY OF SEPTEMBER 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.19 of 2012
Orchid Chemicals & Pharmaceuticals Ltd., A Company incorporated under the Companies Act, 1956 Having its registered Office at 313, Valluvar Kottam High Road, 'Orchid Towers' Nungambakkam, Chennai – 600 034. Represented by Ms.Bhoomijha Murali Sr.G.M-Legal & Company Secretary ...Plaintiff Versus
Wockhardt Limited, D-4,M.I.D.C., Chikalthana, Aurangabad – 431 210, Maharashtra. ...Defendant
Civil suit praying that this Hon'ble Court be pleased to pass a Judgment and Decree:
(a) granting a permanent injunction, restraining the Defendants, by itself, its servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the registered Trade Mark METO or METO upon medicinal and
Pharmaceutical Preparations or any goods or in any media and use the same https://hcservices.ecourts.gov.in/hcservices/
in invoices, letter heads and visiting cards or by using any other trade mark
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with prefix or suffix with the expression METO or any other similar sounding expression which is in any way visually, phonetically or deceptively similar to the Plaintiffs Registered Trade Mark METO or in any manner infringing the Plaintiffs Registered Trademark No.1164335 in Class 5 for Medicinal and Pharmaceutical Preparations.
(b) directing the Defendant to surrender to the Plaintiffs all the packing material, cartons, advertisement materials and hoardings, letterheads, visiting cards, office stationery and all other materials containing/bearing the Trade Mark METO or other deceptively similar Trade Mark in respect of pharmaceutical preparations.
(c) for a preliminary decree in favour of the Plaintiff, directing the Defendant to render an account of profits made by them by the use of the Trade Mark METO in relation to medicine and for a final decree in favour of the Plaintiffs for the amount of the profits found to have been made by the Defendants, after the Defendants have rendered accounts.
(d) directing the Defendant to pay to the Plaintiff the costs of the suit. This Civil Suit coming on this day before this court for hearing in the presence of Mrs.Gladys Daniel, advocate for the plaintiff herein and Mr.V.Suresh for M/s.Shivakumar & Suresh, advocates for the defendant
herein and upon reading the plaint filed herein and the learned counsel for
the plaintiff having submitted that she has got instructions to withdraw the
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suit and this court doth recording the said statement and it is ordered as
follows:-
That the suit in C.S.No.19 of 2012 be and is hereby dismissed as
withdrawn.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 14TH DAY OF SEPTEMBER 2021.
Sd./-
ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments.
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VSP 09/11/2021
C.S. No.19 of 2012
ORDER
DATED : 14.09.2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL:28/12/2021
APPROVED ON:12/01/2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.19 of 2012
Orchid Chemicals & Pharmaceuticals Ltd., A company incorporated under the Companies Act, 1956 Having its registered Office at 313, Valluvar Kottam High Road, 'Orchid Towers', Nungambakkam, Chennai – 600 034. Represented by Ms.Bhoomijha Murali, Sr.G.M-Legal & Company Secretary
...Plaintiff
Vs.
Wockhardt Limited, D-4, M.I.D.C., Chikalthana, Aurangabad – 431 210. Maharashtra.
...Defendant
Prayer: Plaint filed under Order VII Rule 1 of the C.P.C., r/w. Sections 27, 143, 134 & 135 of the Trademarks Act, 1999 and Order IV Rule 1 of the original side rules, praying as follows:-
a) granting a permanent injunction, restraining the defendants, by
itself, its servants, agents, distributors, or anyone claiming through them
from manufacturing, selling, advertising and offering for sale using the https://hcservices.ecourts.gov.in/hcservices/ registered Trade Mark “METO” or “METO” upon medicinal and
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Pharmaceutical Preparations or any goods or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark with prefix or suffix with the expression “METO” or any other similar sounding expression which is in any visually, phonetically or deceptively similar to the Plaintiffs registered Trademark “METO” or in any manner infringing the plaintiffs registered trademark No.1164335 in Class 5 for Medicinal and Pharmaceutical Preparations.
b) directing the Defendant to surrender to the plaintiffs all the packing material, cartons, advertisement materials and hoardings, letter-heads, visiting cards, office stationery and all other materials containing/bearing the Trademark “METO” or other deceptively similar Trademark in respect of pharmaceutical preparations.
c) for a preliminary decree in favour of the plaintiff, directing the defendant to render an account of profits made by them by the use of the trademark “METO” in relation to medicine and for a final decree in favour of the plaintiffs for the amount of the profits found to have been made by the Defendants, after the Defendants have rendered accounts.
d) directing the Defendant to pay to the Plaintiff the costs of the suit.
For Plaintiff : Mrs.Gladys Daniel For Defendant : Mr.V.Suresh for M/s.Shivakumar & Suresh
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J U D G M E N T
Mrs.Gladys Daniel, learned counsel appearing for the plaintiff would
submit that she has got instructions to withdraw the suit.
2.Recording the said statement, this suit is dismissed as withdrawn.
No costs.
Sd./-R.S.M.J 14.09.2021
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 14.09.2021
//Certified to be true copy// Dated at Madras this the day of 2022.
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 to grant a permanent injunction restraining the defendant from manufacturing, selling, advertising, or offering for sale using the trade mark METO or similar expressions.
2 provisions across 2 enactments
Orchid Chemicals & Pharmaceuticals Ltd.
Wockhardt Limited
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
