Dismissed

Mass INCORPORATED,6885,ELM St. v. 1.AKSHAY INDUSTRIES,NO.107

Madras HC16 Jun 2021CS/306/2000

Case brief

AI extract

What is this about?

The High Court at Madras considered a suit filed under the Trade Marks Act, 1958, seeking injunctions and accounting for profits. The court dismissed the suit for non-prosecution as neither party appeared to prosecute the claim, reserving liberty to file a fresh suit in case of future infringement.

What did the court decide?

The suit was dismissed for non-prosecution with liberty to file a fresh suit in the future.

Mass INCORPORATED,6885,ELM St. Vs 1.AKSHAY… — Intellectual Property | Madras HC (2021)

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C.S.No.306 of 2000

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.06.2021

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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C.S.No.306 of 2000
Mars, Incorporated,
6885, Elm Street,
Mclean,
Virginia 22101-3883,
United States of America.
Rep. By its Power of Attorney
Mr.A.Arulselvan ...Plaintiff
.Vs.
1.Akshay Industries,
No.107, Rajshree Industrial Estate,
Chitalsar, Manpada,
Ghodbunder Road,
Thane (West), Mumbai – 400 607.
Rep. By its Proprietor
Mr.Raju Jituri
2.Kunal International
73, Diagonal Road,
Opp. IIIrd Block,
Post Office, Next to Jayanagar Medicals,
4 th Block, Jayanagar,
Bangalore – 560 011.
3.Bhushan Goyal
... Defendants

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Page No.1/6

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https://www.mhc.tn.gov.in/judis/

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C.S.No.306 of 2000

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Plaint filed under Order IV Rule 1 of the Original Side Rules, Order VII Rule 1 of Code of Civil Procedure read with Sections 27, 105 and 106 of the trade and Merchandise Marks Act, 1958 praying for:

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a) Granting a perpetual order and injunction restraining the defendants by themselves, their partners, heirs, legal representatives, successors in business, assigns, servants, agents, distributors, stockists, representatives or any of them from selling, distributing or offering for sale milk shake machines, ice slush machines, ice cream machines bearing the mark GALAXY or in any manner passing off or enabling others to pass-off the defendants milk shake/ ice slush machines as and for the goods of the plaintiff by use of the trade mark GALAXY or any mark similar thereto or in any other manner whatsoever;

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b) a preliminary decree be passed in favour of the plaintiff directing the defendants to render account of profits made by them by use of trade mark GALAXY or any mark similar thereto and a final decree be passed in favour of plaintiff for the amount of profits found to have been made by the defendants after the latter have rendered accounts;

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c) the defendants be ordered to surrender to plaintiff for destruction all machines, moulds, labels, plates, blocks, dyes, prints, packing material and other materials bearing the trade mark GALAXY or any mark similar thereto and;

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d) for costs of the suit.

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Page No.2/6 https://www.mhc.tn.gov.in/judis/

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C.S.No.306 of 2000

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For Plaintiff : Mr.Rahul M.Shankar for Mr.Amarnath Babu

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For Defendants : Mrs.Vasutha Thiyagarajan

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J U D G M E N T

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The plaintiff has come up with the above suit seeking

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a) To grant a perpetual order and injunction restraining the

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defendants by themselves, their partners, heirs, legal representatives, successors in business, assigns, servants, agents, distributors, stockists,

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representatives or any of them from selling, distributing or offering for sale milk shake machines, ice slush machines, ice cream machines bearing the mark GALAXY or in any manner passing off or enabling others to pass-off the defendants milk shake/ ice slush machines as and for the goods of the plaintiff by use of the trade mark GALAXY or any

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mark similar thereto or in any other manner whatsoever;

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b) a preliminary decree in favour of the plaintiff directing the

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defendants to render account of profits made by them by use of trade

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mark GALAXY or any mark similar thereto and a final decree be passed

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in favour of plaintiff for the amount of profits found to have been made

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Page No.3/6

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https://www.mhc.tn.gov.in/judis/

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C.S.No.306 of 2000

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by the defendants after the latter have rendered accounts;

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any mark similar thereto and;

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2. Mr.Rahul M.Shankar, learned counsel representing the counsel

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for the plaintiff would submit that there is no instructions from his client.

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3. Mrs.Vasutha Thiyagarajan, learned counsel appearing for the defendants is also in the same boat. She would however state that the defendants have changed their name and therefore the cause of action may not survive.

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4. Since neither of the parties have shown interest in prosecuting

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the suit, the suit is dismissed for non-prosecution reserving liberty for the

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plaintiff to file a fresh suit in the event of any infringement or passing off

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Page No.4/6 https://www.mhc.tn.gov.in/judis/

C.S.No.306 of 2000

in future. No costs.

16.06.2021

dsa
Index : No
Internet : Yes
Non-speaking order
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
16.06.2021
dsa

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Page No.5/6 https://www.mhc.tn.gov.in/judis/

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C.S.No.306 of 2000

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R.SUBRAMANIAN, J.

dsa

C.S.No.306 of 2000

16.06.2021

Page No.6/6 https://www.mhc.tn.gov.in/judis/

Mass INCORPORATED,6885,ELM St. v. 1.AKSHAY INDUSTRIES,NO.107

Case brief

What is this about?

What did the court decide?

Mass INCORPORATED,6885,ELM St. v. 1.AKSHAY INDUSTRIES,NO.107

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

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