A suit filed for permanent injunctions regarding trademark infringement and passing off concerning safety match labels was dismissed as withdrawn by the plaintiff., no further proceedings were taken on the connected original applications with liberty reserved for a future cause of action.
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.564 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.564 of 2005
and
O.A.Nos.652 and 653 of 2005
M/s.Chitra Match Works,
Rep. by its Proprietor
M.Panagolrajan
No.40, Solaiappan Street,
Old Washermanpet,
Chennai – 600 021. ...Plaintiff
.Vs.
1.M/s.Nataraj General Stores,
Rep. by its Proprietor
Nataraj
No.6, Rajiv Gandhi Building,
Peragi Bus Stand,
Hindpur – 515 201.
Anantapur District,
Andhra Pradesh.
2.M/s.Sri Balaji Match Industries,
Rep. by its Proprietor
Balraj
No.8C, Mohanram Colony 3 rd Cross,
Krishnagiri – 635 001.
Krishnagiri District. ... Defendants
Page No.1/5
C.S.No.564 of 2005
Plaint filed under Order IV Rule 1 of the Original Side Rules read with Section 27(2), 134(c) and 135 of the Trade Marks Act, 1999 and Section 55 of the Copyrights Act, 1957 praying for a judgment and decree:
(a) granting a permanent injunction restraining the defendants by themselves, their servants, licensees, agents, printers, laminators, screen printers, scourers and distributors or any one claiming through them from in any manner committing 'infringement of copyright' in the artistic work of plaintiff's distinctive colour combination and get-up of his label mark 'MURGA' with the device of 'COCK' and by publishing, distributing, printing or cause to be printed the impugned artistic work of the defendants' label Mark 'KODI' with the device of 'COCK';
(b) granting a permanent injunction restraining the defendants by themselves, their servants, licensees, agents, printers, laminators, screen printers, scourers and distributors or any one claiming through them from in any manner committing 'passing off' their goods safety matches under the deceptive colour combination and get-up of their label mark 'KODI' with the device of 'COCK' as and for or being connected with the plaintiff's label mark 'MURGA' with the device of 'COCK' in relation to goods safety matches;
(c) directing the defendants to surrender to the plaintiff all the unused labels printed in carton, wrappers and other printed matters
Page No.2/5
C.S.No.564 of 2005
containing or consisting of the offending trade mark together with blocks used for the purpose of printing the same for destruction and
(d) directing the defendants to pay the plaintiff the cost of the suit.
For Plaintiff : Mr.N.R.Srinath
for Mr.P.C.N.Raghupathy
For Defendants : Mr.N.Shrivatsav
for Mr.K.Rajasekarn
********
J U D G M E N T
Mr.N.R.Srinath, learned counsel appearing for the plaintiff would
submit that he has got instructions to withdraw the suit.
2. The statement of the counsel for the plaintiff is recorded and the
suit is dismissed as withdrawn, liberty is reserved to the plaintiff to sue if
there is a subsequent cause of action. No costs. Consequently, the
connected original applications are closed.
18.08.2021 dsa Index : No Internet : Yes Non-speaking order
Page No.3/5 https://www.mhc.tn.gov.in/judis/
C.S.No.564 of 2005
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
18.08.2021
dsa
Page No.4/5 https://www.mhc.tn.gov.in/judis/
C.S.No.564 of 2005
R.SUBRAMANIAN, J.
dsa
C.S.No.564 of 2005
18.08.2021
Page No.5/5 https://www.mhc.tn.gov.in/judis/
M/s.Chitra Match Works
M/s.Nataraj General Stores
M/s.Sri Balaji Match Industries
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
