The plaintiff filed a suit for permanent injunction and damages alleging trademark infringement under the Trade Marks Act, 1999. The plaintiff subsequently filed a memo seeking to withdraw the suit, which the court allowed, dismissing the suit as withdrawn.
Suit dismissed as withdrawn; no costs awarded.
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C.S.No.6 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.6 of 2008
1.UAS Pharmaceuticals Pty.Ltd.,
15, Cansdale Place, Castle Hill,
NSW 2154, Australia.
2.EssenTial Healthcare,
No.4, First Main Road,
Nehru Nagar,
Chennai – 600 096. ...Plaintiffs
Vs.
Ajantha Pharma Ltd.,
No.1, Annai Sathya Nagar,
K.K.Nagar (W),
Chennai – 600 078. ...Defendant
Prayer: Civil Suit filed under Order IV Rule 1 of Original Side rules and Order VII Rule 1 of C.PC r/w Sections 27, 134 and 135 of Trade Marks Act, 1999, praying as follows:-
a) granting a permanent injunction restraining the defendant by themselves, their directors, successors in business, assigns, servants, agents, distributors, stockists, representatives or any of them from in any manner passing off and enabling others to pass off the defendant's products as and for the plaintiff's products by manufacturing, selling, advertising,
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distributing or offering for sale dermatological products including sun screen cream bearing the trade mark SUNSTOP or any mark similar thereto or in any other manner whatsoever;
b) the defendant's be ordered to pay to the plaintiff's a sum of Rs.10,05,000/- as damages for their wrongful and illegal activities by use of identical trademark SUNSTOP;
c) the defendant be ordered to surrender to plaintiffs for destruction all machines, moulds, labels, tubes, containers, cartons, plates, blocks, dyes, cylinders, prints, packing material and other materials bearing the trade mark SUNSTOP or any mark similar thereto;
The learned counsel for the plaintiff has filed a memo seeking to withdraw the suit.
2.The said memo is taken on file and the suit is dismissed as
withdrawn. No costs.
28.04.2021
kkn Internet:Yes Index:No Non-Speaking
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List of witness and documents filed on the side of the plaintiffs:
Nil
List of witness and documents filed on the side of the defendant:
Nil
28.04.2021
kkn
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R.SUBRAMANIAN, J.
KKN
C.S.No.6 of 2008
28.04.2021
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Ajantha Pharma Ltd.
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
