The plaintiff filed a suit for permanent injunction regarding trademark passing off and copyright infringement of matchbox packaging. The court recorded the plaintiff's submission that the suit had become infructuous and dismissed the suit accordingly without awarding costs.
No costs to either party; suit dismissed as infructuous.
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)
MONDAY, THE 14TH DAY OF JUNE, 2021
THE HON'BLE MR. JUSTICE R. SUBRAMANIAN
C.S. No.331 of 2000
Rajalakshmi Match Works by its Proprietor Mr. B. Manikandan, 226, Main Road, Kovilpatti - 628 501 ..Plaintiff
Vs.
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24-1-Bharathi Nagar, ROSE complex Upstair, Pasu Vanthanai Road, Kovilpatti.
...Defendants
Civil Suit praying that this Hon'ble Court be pleased to grant the following relief:
(a) an order of permanent injunction restraining the defendants or its men, agents, servants or any other person/persons claiming through or under them from passing off the Defendants inferior products as that of the Plaintiff's by using the TRADE MARK, NAME AND LOGO "RAJHA'S SHRIFAL" or "SHRIFAL" in respect of safety matches depicting by one full coconut and one split coconut more particularly depicted in the schedule herein below, designed and developed by the Plaintiff or any product, Trade Name or Trade Mark which is deceptively similar thereto in respect of any and every match box sold by the defendants and also in any kind of advertisements, bill boards etc in respect of Matchboxes.
(b) an order of injunction restraining the defendants or its men, agents, servants or any other person/persons claiming through or under them from infringing the plaintiff's copy right in the artistic work of the Plaintiff's label on the Plaintiff's match boxes with the TRADE MARK, NAME AND LOGO "RAJHA'S SHRIFAL" or "SHRIFAL" depicting by one full coconut
https://hcservices.ecourts.gov.in/hcservices/ and one split coconut more particularly depicted in the schedule herein
below, designed and developed by the plaintiff in respect of any and every
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match box sold by the defendants and also in any kind of advertisements,
bill boards etc in respect of Matchboxes.
(c) Cost of this suit.
This Civil Suit coming on this day before this court for hearing through Video Conferencing in the presence of Mr. Vikraman for M/s. B. Ravi Raja, advocates for plaintiff herein and Ms. Usha, advocate for the defendants 3, 5 & 6 herein and upon reading the plaint filed herein and the learned counsel for the plaintiff having submitted that the civil suit has become infructuous and the same may be dismissed as such and this court doth recording the same, it is ordered as follows:-
That the suit in C.S. No. 331 of 2000, be and is hereby dismissed as having become infructuous.
WITNESS THE HON'BLE JUSTICE MR. SANJIB BANERJEE, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 14TH DAY OF JUNE, 2021.
Sd./-
ASSISTANT REGISTRAR (COMM. CASES)
//Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) https://hcservices.ecourts.gov.in/hcservices/ From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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VF-15.07.2021
C.S. No.331 of 2000
ORDER :-
DATED: 14.06.2021
THE HON'BLE MR. JUSTICE
R. SUBRAMANIAN
FOR APPROVAL: 16/07/2021
APPROVED ON: 19/07/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.331 of 2000
Rajalakshmi Match Works by its Proprietor Mr.B.Manikandan, 226, Main Road, Kovilpatti 628 501.
... Plaintiff
Versus
... Defendants
Plaint filed under Order IV Rule 1 of the O.S.Rules and Sections 52 https://hcservices.ecourts.gov.in/hcservices/ & 53 of the Trade Marks and Patent Act read with Order VII Rule 1 of the
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Code of Civil Procedure, praying to pass a judgment and decree:-
c) the costs of the suit.
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For Plaintiff : Mr.Vikraman for M/s.B.Ravi Raja For Defendants : Mr.T.Usha for D3, 5 & 6
J U D G M E N T
This matter is taken up for hearing through Video-Conferencing.
Mr.Vikraman representing counsel for Mr.B.Ravi Raja, appearing for
the plaintiff would submit that the Civil Suit has become infructuous and
the same may be dismissed as such.
14.06.2021
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.
Sd./- R.S.M.J.,
14.06.2021
// Certified to be true copy// Dated at Madras this day of 2021.
Court Officer(O.S.)
From 25th day of September 2008 the Registry is issuing certified copies of https://hcservices.ecourts.gov.in/hcservices/ the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether the civil suit by the plaintiff should be dismissed as it has become infructuous
4 provisions across 4 enactments
Satpal Sindhi
Mr. Pasumal Narayan Das
Prem Prakasa Agrawal
Selvaraj
Thiagarajan
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
