The High Court of Judicature at Madras dismissed a suit for permanent injunction and damages regarding trademark infringement due to non-prosecution when neither party appeared.
The suit was dismissed with no costs awarded.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 04TH DAY OF AUGUST 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.356 of 2015
M/s.Thalappakatti Hotels Private Ltd., represented by its Managing Director, D.Nagasamy Having its head office at No.5/10-73E, Seven Wells Street, St.Thomas Mount, Chennai – 600 016.
...Plaintiff
Vs.
CHENNAI THALAPAKATTU BIRIYANI represented by Jagan, Having his restaurant at No.58, Doovipuram, 5th Street, Thoothukudi – 2.
...Defendant
C.S.No. 356 of 2015
Civil Suit praying that this Hon'ble Court be pleased to grant a Judgement and Decree:
a) Granting a permanent injunction restraining the defendant, their
men, servants, agents or anyone claiming through or under them from in any
manner infringing and passing off the plaintiff Trade Mark and trading style
2
“Thalappakatti Biriyani Hotel” by using the offending Trade Mark and
trading style “Thalapakattu” or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the plaintiffs trade mark “Thalappakatti Biriyani Hotel”
b) Directing the defendant to render a true and faithful account of the profits earned by them through the sale of food products bearing the offending trade mark “Thalapakattu” and directing payment of such profits to the plaintiff by way of damages for infringement committed by the defendant.
c) Directing the defendant to surrender to plaintiff the entire stock of unused offending goods with Trade Mark “Thalapakattu” with name boards, labels, wrappers, boxes, covers, bags, packets, cartons, bills, advertisements, materials, reports, envelops, brochures, printing blocks, etc., bearing the offending trademark for destruction.
d) directing the defendant to pay the plaintiff the costs of the suit.
This Civil suit coming on this day before this court for hearing and the Plaintiff and the defendant herein not appearing in person or by advocate and upon reading the plaint filed herein , it is ordered as follows:-
3
That the suit in C.S. No. 356 of 2015 be and is hereby dismissed
for non-prosecution
WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS THE 04TH DAY OF AUGUST 2021.
Sd/ASSISTANT REGISTRAR (Comm. Cases)
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
4
NS 22.09.2021
C.S.No. 356 of 2015
DECREE DATED 04/08/2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 21/10/2021
APPROVED ON:25/10/2021
5
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.356 of 2015
M/s.Thalappakatti Hotels Private Ltd., represented by its Managing Director, D.Nagasamy Having its head office at No.5/10-73E, Seven Wells Street, St.Thomas Mount, Chennai – 600 016.
...Plaintiff
Vs.
CHENNAI THALAPAKATTU BIRIYANI represented by Jagan, Having his restaurant at No.58, Doovipuram, 5th Street, Thoothukudi – 2.
...Defendant
Prayer: Plaint filed under Order VII Rule 1 of C.P.C., r/w. Order IV Rule 1 of the High Court Original Side rules and Sections 134 & 135 of the Trade Marks Act, 1999,praying as follows:-
a) granting a permanent injunction restraining the defendant, their men, servants, agents or anyone claiming through or under them from in any manner infringing and passing off the plaintiff Trade Mark and trading style “Thalappakatti Biriyani Hotel” by using the offending Trade Mark and trading style “Thalapakattu” or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the plaintiffs trade mark “Thalappakatti Biriyani Hotel”
b) directing the defendant to render a true and faithful account of https://hcservices.ecourts.gov.in/hcservices/ the profits earned by them through the sale of food products bearing the offending trade mark “Thalapakattu” and directing payment of such profits
6
defendant.
to the plaintiff by way of damages for infringement committed by the defendant.
c) directing the defendant to surrender to plaintiff the entire stock of unused offending goods with Trade Mark “Thalapakattu” with name boards, labels, wrappers, boxes, covers, bags, packets, cartons, bills, advertisements, materials, reports, envelops, brochures, printing blocks, etc., bearing the offending trademark for destruction.
d) directing the defendant to pay the plaintiff the costs of the suit.
For Plaintiff : No Appearance For Defendant : No Appearance
J U D G M E N T
None appears for the plaintiff. Hence, this suit is dismissed for
non-prosecution. No costs.
Sd/- R.S.M.J. 04/08/2021
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
Sd/- R.S.M.J. 04/08/2021
//Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies https://hcservices.ecourts.gov.in/hcservices/ of the Orders/Judgments/Decrees in this format.
Chennai Thalapakattu Biriyani
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
