Suit filed for trademark infringement under the Trade Marks Act, 1999. Court dismissed the suit as infructuous because the defendant withdrew the application for registration of the mark and closed the shop.
Suit dismissed as infructuous; 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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 23rd DAY OF AUGUST 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.494 of 2011
M/s.Aravind Laboratories, 3/17, Valluvar Salai, Ramapuram, Chennai – 600 089. Represented by its Partner, Mr.T.Devanathan ...Plaintiff
Vs.
Karan Kher, Trading as Eyes 2 Eyes, M 2/30, DLF Phase – 2, Gurgaon, Haryana – 122 001. ...Defendant
Civil Suit praying that this Hon'ble Court be pleased to pass a Judgement and Decree for:-
a) granting a permanent injunction, restraining the Defendant, by itself, its servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Trade Mark “e2e eyes 2 eyes” upon the goods or in any media and use the same in “advertising, marketing, distribution, export, wholesaler and retail services relating to sun glasses, spectacles, spectacles frames, contact lenses
https://hcservices.ecourts.gov.in/hcservices/ and opticals include in' invoices, letter heads and visiting cards or on any
other cosmetics by using any other trade mark which is in any way visually,
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phonetically or deceptively similar to the plaintiffs registered trade mark “EYETEX”, or in any manner infringing the plaintiffs registered trade mark
Nos.124824, 271583 & 296914 in Class3.
b) directing the defendant to surrender to the plaintiffs all the packing material, cartons, advertisement materials and hoardings, letter-heads, visiting cards, office stationery and all other materials containing / bearing the Trade Mark “e2e eyes 2 eyes” or other deceptively similar Trade Mark.
c) for a preliminary decree in favour of the plaintiffs, directing the Defendant to render an account of profits made by them by the use of the Trade Mark “e2e eyes 2 eyes” on the goods referred and for a final decree in favour of the Plaintiffs for the amount of the profits found to have beeen made by the Defendants, after the Defendants have rendered accounts;
d) directing the Defendant to pay to the plaintiffs the costs to the suit.
This Civil Suit coming on this day before this court for hearing in the presence of M/s.C.Daniel & Gladys Daniel, Advocate for the plaintiff herein and Mr.N.Shrivatsav for Mr.A.Swaminathan, Advocates for the defendant herein and upon reading the plaint filed herein and the learned counsel for the defendant having submitted that he has given up the trademark and he has withdrawn the application for registration of the trademark “Eyes 2 Eyes”, and it is also stated that the defendant, who was
trading opticals in the above name has closed the shop also,
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it is ordered as follows:-
That the suit in C.S.No.494 of 2011 be and is hereby dismissed of
having become infructuous.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 23rd 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.
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KY 02.09.2021
C.S. No.494 of 2011
ORDER :-
DATED: 23.08.2021
THE HON'BLE MR. JUSTICE
R.SUBRAMANIAN
FOR APPROVAL: 09.09.2021
APPROVED ON: 13.09.2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.494 of 2011
M/s.Aravind Laboratories, 3/17, Valluvar Salai, Ramapuram, Chennai – 600 089. Represented by its Partner, Mr.T.Devanathan ...Plaintiff
Vs.
Karan Kher, Trading as Eyes 2 Eyes, M 2/30, DLF Phase – 2, Gurgaon, Haryana – 122 001.
...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 r/w. Sections 27, 134 & 135 of the Trade Marks Act, 1999, praying as follows:-
a) granting a permanent injunction, restraining the Defendant, by itself, its servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Trade Mark “e2e eyes 2 eyes” upon the goods or in any media and use the same in “advertising, marketing, distribution, export, wholesaler and retail services relating to sun glasses, spectacles, spectacles frames, contact lenses and opticals include in' invoices, letter heads and visiting cards or on any
https://hcservices.ecourts.gov.in/hcservices/ other cosmetics by using any other trade mark which is in any way visually,
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phonetically or deceptively similar to the plaintiffs registered trade mark “EYETEX”, or in any manner infringing the plaintiffs registered trade mark
Nos.124824, 271583 & 296914 in Class3.
b) directing the defendant to surrender to the plaintiffs all the packing material, cartons, advertisement materials and hoardings, letter-heads, visiting cards, office stationery and all other materials containing / bearing the Trade Mark “e2e eyes 2 eyes” or other deceptively similar Trade Mark.
c) for a preliminary decree in favour of the plaintiffs, directing the Defendant to render an account of profits made by them by the use of the Trade Mark “e2e eyes 2 eyes” on the goods referred and for a final decree in favour of the Plaintiffs for the amount of the profits found to have beeen made by the Defendants, after the Defendants have rendered accounts;
d) directing the Defendant to pay to the plaintiffs the costs to the suit.
For Plaintiff : M/s.C.Daniel & Gladys Daniel For Defendant : Mr.N.Shrivatsav for Mr.A.Swaminathan
J U D G M E N T
The learned counsel appearing for the defendant would submit that he
has given up the trademark and he has withdrawn the application for registration of the trademark “Eyes 2 Eyes”. It is also stated that the
defendant, who was trading opticals in the above name has closed the shop https://hcservices.ecourts.gov.in/hcservices/ also.
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2.Hence, this suit is dismissed of having become infructuous. No
costs.
Sd./-R.S.M.J
23.08.2021
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 23.08.2021 //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 of the Orders/Judgments/Decrees in this format.
1 provisions across 1 enactments
Karan Kher
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
