The High Court dismissed a suit filed for permanent injunction and passing off regarding trade marks under Order VII Rule 1 CPC and Sections 134/135 of the Trade Marks Act. The suit was dismissed for non-prosecution after the plaintiff withdrew appearance and could not be served.
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.
C.S.No.290 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.290 of 2014
M/s.Global Eventz, rep. By its Proprietrix, G.Nirmala, Old.No.117, New No.227, “Fathima Towers”, 3rd Floor, Triplicane, Chennai – 600 005. ...Plaintiff
Vs.
M/s.India Property Online Private Ltd., rep. By TVH Beliciaa Towers, Tower 11, 9th Floor, #94, M.R.C.Nagar, Mandaiveli, Chennai – 600 028. ...Defendant
Prayer: Civil Suit filed under Order VII Rule 1 CPC and under Order IV Rule 1 of Original Side rules r/w with Sections 134 and 135 of the Trade Marks Act, 1999 praying as follows:-
a) granting permanent injunction restraining the defendant from advertising under the banner, Trade Mark “GRAHAPRAVESAM” and / or any other Trade Mark which is similar or identical to the plaintiff's Trade Mark “GRAHAPRAVESAM”.
b) granting permanent injunction restraining the defendant by itself, its servant, agents or any one claiming through it from in any manner
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passing off its services under the offending Trade Mark “GRAHAPRAVESAM” as and for the plaintiff's celebrated services including “property Exhibitions, Property Events, Property Trade shows” under the plaintiff's Trade Mark “GRAHAPRAVESAM” either by selling or offering for sale or providing services in any manner advertising the same.
c) directing the defendant to surrender to the plaintiff the entire stock of unused offending labels, unused hoardings, pamphlets, banners, notices, Invitations, advertisement materials and / or any other materials bearing the offending Trade Mark “GRAHAPRAVESAM” and / or any other trademark which is similar or identical to the plaintiff's trademark “GRAHAPRAVESAM” along with the blocks and dyes for destruction.
d) directing the defendant to render a true and faithful account of the profits earned by the defendant by rendering services under the offending Trade Mark “GRAHAPRAVESAM” and / or any other trademark which is similar or identical to the plaintiff's Trademark “GRAHAPRAVESAM” and direct payment of such profits to the plaintiff for the passing off committed by the defendant.
e) directing the defendant to pay to the plaintiff the cost of the suit;
and
f) pass such further order or orders as may be deemed fit and property to the circumstances of the case.
For Plaintiff : No apperance For Defendant : Mr.Prasant Alia for
Surana & Surana
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The counsel for the plaintiff had filed a memo on 11.02.2021 withdrawing his appearance. This Court had directed notice to be issued to the plaintiff on 22.03.2021.
plaintiff. The said notice has been returned with an endorsement that the Office has been vacated and there is no such person in the given address. 3.Hence, this suit is dismissed for non-prosecution. No costs. 26.04.2021 kkn Internet:Yes Index:No Non-Speaking
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C.S.No.290 of 2014
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
26.04.2021
kkn
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C.S.No.290 of 2014
R.SUBRAMANIAN, J.
KKN
C.S.No.290 of 2014
26.04.2021
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1 issue framed by the court
Whether the suit should proceed given the withdrawal of the plaintiff's appearance and subsequent non-service of notice.
3 provisions across 3 enactments
M/s.Global Eventz
M/s.India Property Online Private Ltd.
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
