Dismissed

Glosoft Technologies Private v. M/S. Squadra Education

Madras HC9 Aug 2021CS/225/2012

Case brief

AI extract

What is this about?

The High Court at Madras dismissed a civil suit for trademark infringement and passing off for non-prosecution. The court noted the plaintiff had taken back papers in 2013-14 and no new counsel entered appearance. Consequently, connected applications for injunctions were closed with an order for no costs.

What did the court decide?

Suit dismissed for non-prosecution; no costs awarded to either side.

Glosoft Technologies Private Vs M/S. Squadra Education — Intellectual Property | Madras HC (2021)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

(ORDINARY ORIGINAL CIVIL JURISDICTION)

¶4

MONDAY, THE 09th DAY OF AUGUST 2021

¶5

THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

¶6

C.S. No.225 of 2012 and O.A. Nos. 265 AND 266 OF 2012 AND A.NOS.2202 AND 2203 OF 2012

¶7

Glosoft Technologies Private Limited, rep. by its Chairman and Managing Director, Mr.Mehroof I.Manalody, "Pearlmount", Office No.15, 3rd Floor, Dharma Towers, 88/150, Nelson Manickam Road, Choolaimedu, Chennai-600 094. :Plaintiff/Applicant (in O.A. Nos.265 & 266 of 2012)

¶8

-Versus-

¶9

M/s.Squadra Education Private Limited, rep. by its Director Mr.Vijaykumaran T., 33/272-F, Anugraha, Malaparamba, Kozhikode-673 009, Kerala.

¶10

M.Shabeeh Ussanali Veetil, S/o.Usman Koya, Shadow House, Chirrakkal, Tanur (PO), Malapuram District, Kerala-676 302.

¶11

Mr.Ashraf Kokkur, S/o.Abdulheyy Haji, Ashraf Manzil, Kokkur Malapuram District,

¶12

Kerala-679 591. https://hcservices.ecourts.gov.in/hcservices/

¶13

¶14

Mr.Madathil Poothampalli Savan Kumar, S/o.Padmanabhan Nair, Cheriyakundethadam House, Prayag, Kovilakkam Road, P.O.Feroke, Kozhikode-673 631, Kerala.

¶15

Mr.Peruvalath Ajaykumar, S/o.Bhaskaran, Peruvalath House, Tanur P.O., Malapuram District, Kerala-676 302. : Defendants/Respondents (in O.A. Nos.265 & 266 of 2012)

¶16

Civil suit praying that this Hon'ble court be pleased to pass a judgement and decree:-

¶17

(a) Granting Permanent Injunction restraining the defendants by themselves, their servants, agents, partners, franchisees, men or representatives or anyone claiming through them from in any manner infringing the plaintiff's Trade Mark 'G-TEC COMPUTER EDUCATION' and 'G-TEC' by using the similar or deceptively similar Trade Mark for the compute education services offered by the defendants together with any write up or any other representation or words which are in any manner identical to and deceptively similar with the Trade Mark of the plaintiff in respect of the defendants' services by use of the defendants' boards, hoardings, stationary, course materials, brochures, pamphlets, advertisements or in any manner exhibiting to the public;

¶18

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

¶19

(b) Granting Permanent Injunction restraining the defendants by

¶20

¶21

themselves, their servants, agents, partners, franchisees, men or representatives or anyone claiming through them from in any manner passing off the defendants' educational services 'GiTEC' or 'Gi TEC Education' bearing the offending trade mark with identical and / or deceptively similar mark, colour scheme, get up and write up or the defendants' web address, www.giteceducation.com, as and for the celebrated computer education service of the plaintiff bearing the trade mark 'G-TEC COMPUTER EDUCATION' and 'G-TEC' and the plaintiff's website 'gteceducation.com', with peculiar get up and write up either by misrepresentation to the public or offering the services or in any manner advertising the defendants' offending services 'GiTEC' or 'Gi TEC Education', or such other deceptively similar mark to the public;

¶22

(c) Directing the defendants to surrender to the plaintiffs the entire stock of unused offending 'GiTEC' or 'Gi TEC Education' materials, course study materials, together with blocks and dyes, name boards, hoardings, stationary, brochures, advertisement materials and pamphlets, and compact discs hard discs carrying the infringing 'GiTEC' or 'Gi TEC Education' mark for destruction;

¶23

(d) Directing the defendants to render a true and faithful account of the profits earned by it through the sale of the offending educational service https://hcservices.ecourts.gov.in/hcservices/ or such other trade or calling bearing the offending trade mark 'GiTEC' or

¶24

¶25

'Gi TEC Education' and directing payment of such profits to the plaintiffs

¶26

for the infringement and passing off committed by the defendants;

¶27

(e) Directing the defendant to pay to the plaintiffs the cost of the suit.

¶28

O.A. No.265 of 2012:-

¶29

Original Application praying that this Hon'ble Court be pleased to pass an order of interim injunction restraining the respondents/defendants by themselves, their servants or agents, partners, franchisees, men or representatives or anyone claiming through them from in any manner passing off the respondents/defendants' educational services 'GITEC' or 'Gi TEC Education' bearing the offending trade mark with identical and/or deceptively similar mark, colour scheme, get up and write up or the defendants' web address, www.giteceducation.com, as and for the celebrated computer education service of the applicant/plaintiff bearing the trade mark

¶30

"G-TEC COMPUTER EDUCATION' and "G-TEC" and the

¶31

applicant's/plaintiff's web-site "gteceducation.com, with peculiar get up and write up either by misrepresentation to the public or offering the services or in any manner advertising the respondents/defendants' offending services 'GiTEC' or 'Gi TEC Education', or such other deceptively similar mark to the public.

¶32

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

¶33

¶34

O.A. No.266 of 2012:-

¶35

Original Application praying that this Hon'ble Court be pleased to pass an order of interim injunction restraining the respondents/defendants by themselves, their servants, agents, partners, franchisees, men or representatives or anyone claiming through them from in any manner infringing the applicant's/plaintiff's Trade Mark "G-TEC COMPUTER EDUCATION" and "G-TEC" by using the similar or deceptively similar Trade Mark, for the computer education services offered by the respondents/defendants together with any write up or any other representation or words which are in any manner identical to and deceptively similar with the Trade Mark of the applicant/plaintiff in respect of the respondents/defendants' services by use on the respondents/ defendants boards, hoardings, stationary, course materials, brochures, pamphlets, advertisements or in any manner exhibiting to the public.

¶36

A. Nos.2202 & 2203 of 2012:-

¶37

M/s.Squadra Education Private Limited, rep. by its Director Mr.Vijaykumaran T., 33/272-F, Anugraha, Malaparamba, Kozhikode-673 009, Kerala.

¶38

M.Shabeeh Ussanali Veetil, S/o.Usman Koya, Shadow House, Chirrakkal,

¶39

https://hcservices.ecourts.gov.in/hcservices/ Tanur (PO), Malapuram District, Kerala-676 302.

¶40

¶41

Mr.Ashraf Kokkur, S/o.Abdullah Haji, Ashraf Manzil, Kokkur Malappuram District, Kerala-679 591. 4. Mr.Madathil Poothampalli Savan Kumar, S/o.Padmanabhan Nair, Cheriyakundethadam House, Prayag, Kovilakkam Road, P.O.Feroke, Kozhikode-673 631, Kerala. 5. Mr.Peruvalath Ajaykumar, S/o.Bhaskaran, Peruvalath House, Tanur P.O., Malappuram District, Kerala-676 302. ... Applicants/Defendants

¶42

-Versus-

¶43

¶44

Application praying that this Hon'ble Court be pleased to suspend the order of interim injunction dated 04.04.2012 passed in O.A. No.266 of 2012.

¶45

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

¶46

A. No.2203 of 2012:-

¶47

¶48

Application praying that this Hon'ble Court be pleased to vacate the order of interim injunction dated 04.04.2012 passed in O.A. No.265 of 2012.

¶49

This Civil suit alongwith these applications coming on this day before this court for hearing in the presence of Mr.Perumbulavil Radhakrishnan, advocate for the Plaintiff in C.S.No.225 of 2012 and for the Applicant in O.A. Nos.265 & 266 of 2012 and for the respondent in A. Nos.2202 & 2203 of 2012 and Mr.P.V.Balasubramanian, Advocate for the Defendants in C.S.No.225 of 2012 and for the respondents in O.A. Nos.265 & 266 of 2012 and for the applicants in A. Nos.2202 & 2203 of 2012 and upon reading the plaint filed in C.S.No.225 of 2012 and the order dated 30.10.2012 made in O.A.Nos.265 & 266 of 2012 & A.Nos.1774, 2202 & 2203 of 2012 and the learned counsel for the plaintiff having submitted that the plaintiff has taken back the papers even during the year 2013-14 along with the consent for

¶50

change of vakalat, no new counsel has entered appearance,

¶51

it is ordered as follows:-

¶52

That the suit in C.S.No.225 of 2012 be and is hereby dismissed for non-prosecution.

¶53

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

¶54

That the connected O.A. Nos.265 and 266 of 2012 and A.

¶55

¶56

Nos.2202 & 2203 of 2012, do stand closed.

¶57

That there shall be no costs of this suit.

¶58

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

¶59

Sd/-

¶60

ASSISTANT REGISTRAR (COMM.CASES)

¶61

//Certified to be true copy//

¶62

Dated at Madras this the day of 2022.

¶63

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

¶64

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

¶65

¶66

SK 27.08.2021

¶67

C.S. No.225 of 2012 and

¶68

O.A. Nos.265 & 266 of 2012 and

¶69

A. Nos.2202 & 2203 of 2012

¶70

ORDER :-

¶71

DATED :- 09.08.2021

¶72

THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

¶73

FOR APPROVAL: 06.12.2021

¶74

APPROVED ON: 07.12.2021

¶75

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

¶76

¶77

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶78

DATED : 09.08.2021

¶79

CORAM

¶80

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

¶81

C.S.No.225 of 2012 and

¶82

O.A.Nos.265 & 266 of 2012

¶83

and

¶84

A.Nos.2202 & 2203 of 2012

¶85

GLOSOFT TECHNOLOGIES PRIVATE LIMITED Represented by its Chairman and Managing Director, Mr.Mehroof I.Manalody, “Pearlmount”, Office No.-15, 3^rd Floor, Dharma Towers, 88/150, Nelson Manickam Road, Choolaimedu, Chennai – 600 094.

¶86

...Plaintiff

¶87

.Vs.

¶88

1.M/s.Squadra Education Private Limited

¶89

represented by its Director Mr.Vijaykumaran T., 33/272-F, Anugraha, Malaparamba, Kozhikode – 673 009, Kerala.

¶90

2.M.Shabeeh Ussanali Veetil

¶91

3.Ashraf Kokkur

¶92

4.Madathil Poothampalli Savan Kumar

¶93

5.Peruvalath Ajaykumar

¶94

... Defendants

¶95

Plaint filed under Order IV Rule 1 of the Original Side Rules read

¶96

with Sections 134 & 135 of the Trade Marks Act, 1999 praying for a https://hcservices.ecourts.gov.in/hcservices/

¶97

judgment and decree:

¶98

¶99

(a) Granting Permanent Injunction restraining the defendants by

¶100

themselves, their servants, agents, partners, franchisees, men or representatives or anyone claiming though them from in any manner infringing the plaintiff's Trade Mark 'G-TEC COMPUTER EDUCATION' and 'G-TEC' by using the similar or deceptively similar Trade Mark fro the compute education services offered by the defendants together with any write up or any other representation or words which are in any manner identical to and deceptively similar with the Trade Mark of the plaintiff in respect of the defendants' services by use of the defendants' boards, hoardings, stationary, course materials, brochures, pamphlets, advertisements or in any manner exhibiting to the public;

¶101

(b) Granting Permanent Injunction restraining the defendants by themselves, their servants, agents, partners, franchisees, men or representatives or anyone claiming though them from in any manner passing off the defendants' educational services 'GiTEC' or 'Gi TEC Education' bearing the offending trade mark with identical and / or deceptively similar mark, colour scheme, get up and write up or the defendants' web address, www.giteceducation.com, as and for the celebrated computer education service of the plaintiff bearing the trade mark 'G-TEC COMPUTER EDUCATION' and 'G-TEC' and the plaintiff's website 'gteceducation.com', https://hcservices.ecourts.gov.in/hcservices/ with peculiar get up and write up either by misrepresentation to the public

¶102

¶103

or offering the services or in any manner advertising the defendants' offending services 'GiTEC' or 'Gi TEC Education', or such other deceptively similar mark to the public;

¶104

¶105

(d) Directing the defendants to render a true and faithful account of the profits earned by it through the sale of the offending educational service or such other trade or calling bearing the offending trade mark 'GiTEC' or 'Gi TEC Education' and directing payment of such profits to the plaintiffs for the infringement and passing off committed by the defendants;

¶106

(e) Directing the defendant to pay to the plaintiffs the cost of the suit.

¶107

For Plaintiff : Mr.Perumbulavil Radhakrishnan - No instructions For Defendants : Mr.P.V.Balasubramaniam

¶108

¶109

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

¶110

¶111

J U D G M E N T

¶112

Mr.Perumbulavil Radhakrishnan, learned counsel appearing for the

¶113

plaintiff would submit that the plaintiff has taken back the papers even during the year 2013-14 along with the consent for change of vakalat. No new counsel has entered appearance.

¶114

2. Hence, the suit is dismissed for non-prosecution. No costs. Consequently, the connected applications are closed.

¶115

Sd./- R.S.M.J. 09.08.2021 List of the witnesses examined on the side of the plaintiff : Nil List of Exhibits marked on the side of the plaintiff : Nil List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants: Nil

¶116

09.08.2021

¶117

//Certified to be true copy//

¶118

Dated at Madras this the day of 2022.

¶119

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

¶120

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

Glosoft Technologies Private v. M/S. Squadra Education

Case brief

What is this about?

What did the court decide?

Glosoft Technologies Private v. M/S. Squadra Education

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

Similar cases

Rahul Mahesh Vs Kausalya Venkateswaran and 2 others

Tmt.R.Devaki Vs R.Babu and 2 others

Will of Rm.Vr.Ct.Chidambaram Vs Mrs.M.Umayal Achi

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

Tiger Tv Media Vs Puthia Thalaimurai Channel

Vs