In a suit for trade mark and copyright infringement filed in 1999, the plaintiff and defendant did not appear. The single judge dismissed the suit for non-prosecution as no useful purpose would be served by keeping it pending.
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)
THURSDAY, THE 08TH DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.572 of 1999
M/s. Kerala Jewellers, 34, Pondy Bazar, T.Nagar, Madras – 600 017.
... Plaintiff
-Versus-
M/s. Kerala Jewellers, Jene Plaza, Bharathiar Salai, Trichy – 620 001.
... Defendant
C.S.No. 855 of 2015
Civil Suit praying that this Hon'ble Court be pleased to grant a
Judgement and Decree on the following terms:
a) For a permanent injunction restraining the defendant by itself,
its men, servants, agents or anyone claiming through it from in any manner infringing the plaintiff's trade mark 'Kerala Jewellers' or any other mark,
label or device which is identical with or in any manner similar or
deceptively similar to or a colourable imitation of the plaintiff's trade mark
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'Kerala Jewellers' either as a trade mark or trading style in any of its manufacturing activities, price lists, name tags, calendars, name boards, sign boards, packing materials or complimentary items, advertisement in newspapers, magazines, televisions, hoardings, etc.;
b) For a permanent injunction restraining the defendant by itself or through its men, servants, agents or anyone claiming through it from in any manner passing off its goods as and for those of the plaintiff's, by using the offending trade mark 'Kerala Jewellers' or any other mark, label or device which is identical with or in any manner similar or deceptively similar to or be a colourable imitation of the plaintiff's trade mark 'Kerala Jewellers' either as a trade mark or trading style in any of its manufacturing, marketing and advertising activities;
c) For a permanent injunction restraining the defendant by itself or through its men, servants, agents or anyone claiming through it from in any manner infringing the plaintiff's copyright and artistic work in any manner reproducing the plaintiff's copyright in 'Kerala Jewellers' or any other label or artistic work which is similar or deceptively similar to that of the plaintiff's copyrighted label 'Kerala Jewellers';
d) Directing the defendant to pay to the plaintiff a sum of Rs.
500/- being the liquidated damages for use of the offending trade mark https://hcservices.ecourts.gov.in/hcservices/ 'Kerala Jewellers' together with interest at 24% per annum from the date of
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the plaint till the date of payment;
e) Directing the defendant to render a true and proper account of
the profits earned by it through the manufacture and sale of the products by using the offending trademark 'Kerala Jewellers' and directing the defendant to pay to the plaintiff's the said profits so earned by it using the offending trade mark 'Kerala Jewellers';
f) Directing the defendant to surrender to the plaintiff the entire stock of unused offending 'Kerala Jewellers' marked labels, cartons, boxes and any other printed materials, blocks, advertisements with literature and any other materials containing and consisting of the offending trade mark 'kerala jewellers' for destruction and
g) Directing the defendant to pay to the plaintiff the costs of this
suit.
This 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 pleadings filed herein and the Counsel for the parties are absent, the suit is of the year 1999 and this court does not see any useful
purpose that shall be served by keeping the suit pending, it is ordered as
follows:-
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WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE,
CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS THE
08TH DAY OF JULY 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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NS 10.08.2021
C.S.No. 572 of 1999
ORDER
DATED 08/07/2021
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 : 08.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.572 of 1999
M/s.Kerala Jewellers, 34, Pondy Bazar, T.Nagar, Madras – 600 017. ...Plaintiff
.Vs.
M/s.Kerala Jewellers, Jene Plaza, Bharathiar Salai, Trichy – 620 001.
... Defendant
Plaint filed under Order IV Rule 1 of the Original Side Rules, 1956, read with Order VII Rule 1 of Civil Procedure Code read with Sections 105 and 106 of the Trade and Merchandise Marks Act, 1958 and Sections 55 and 62 of the Copyrights Act, 1957 praying for a judgment and decree :
a) for a permanent injunction restraining the defendant by itself, its men, servants, agents or anyone claiming through it from in any manner infringing the plaintiff's trade mark 'Keral Jewellers' or any other mark, label or device which is identical with or in any manner similar or deceptively similar to or a colourable imitation of the plaintiff's trade mark https://hcservices.ecourts.gov.in/hcservices/ 'Kerala Jewellers' either as a trade mark or trading style in any of its manufacturing activities, price lists, name tags, calendars, name boards, sign
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boards, packing materials or complimentary items, advertisement in newspapers, magazines, televisions, hoardings, etc;
b) for a permanent injunction restraining the defendant by itself or through its men, servants, agents or anyone claiming through it from in any manner passing off its goods as and for those of the plaintiff's, by using the offending trade mark 'Kerala Jewellers' or any other mark, label or device which is identical with or in any manner similar or deceptively similar to or be a colourable imitation of the plaintiff's trade mark 'Kerala Jewellers' either as a trade mark or trading style in any of its manufacturing, marketing and advertising activities;
c) for a permanent injunction restraining the defendant by itself or through its men, servants, agents or anyone claiming through it from in any manner infringing the plaintiff's copyright and artistic work in any manner reproducing the plaintiff's copyright in 'Kerala Jewellers' or any other label or artistic work which is similar or deceptively similar to that of the plaintiff's copyrighted label 'Kerala Jewellers';
d) directing the defendant to pay to the plaintiff a sum of Rs.500/being the liquidated damages for use of the offending trade mark 'Kerala Jewellers' together with interest at 24% per annum from the date of the plaint till the date of payment;
e) directing the defendant to render a true and proper account of the profits earned by it through the manufacture and sale of the products by suing the offending trade mark 'Kerala Jewellers' and directing the defendant to pay to the plaintiff the said profits so earned by it using the offending trade mark 'Kerala Jewellers';
f) directing the defendant to surrender to the plaintiff the entire https://hcservices.ecourts.gov.in/hcservices/ stock of unused offending 'Kerala Jewellers' marked labels, cartons, boxes and any other printed materials, blocks, advertisements with literature and
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any other materials containing and consisting of the offending trade mark 'Kerala Jewellers' for destruction and
g) directing the defendant to pay to the plaintiff the costs of this
suit.
For Plaintiff : No appearance
For Defendant : No appearance
J U D G M E N T
The suit has been filed by the plaintiff for a decree and judgment:
a) for a permanent injunction restraining the defendant by itself,
its men, servants, agents or anyone claiming through it from in any manner infringing the plaintiff's trade mark 'Keral Jewellers' or any other mark, label or device which is identical with or in any manner similar or deceptively similar to or a colourable imitation of the plaintiff's trade mark 'Kerala Jewellers' either as a trade mark or trading style in any of its manufacturing activities, price lists, name tags, calendars, name boards, sign boards, packing materials or complimentary items, advertisement in newspapers, magazines, televisions, hoardings, etc;
b) for a permanent injunction restraining the defendant by itself or through its men, servants, agents or anyone claiming through it from in any manner passing off its goods as and for those of the plaintiff's, by using the https://hcservices.ecourts.gov.in/hcservices/ offending trade mark 'Kerala Jewellers' or any other mark, label or device
which is identical with or in any manner similar or deceptively similar to or
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be a colourable imitation of the plaintiff's trade mark 'Kerala Jewellers'
either as a trade mark or trading style in any of its manufacturing, marketing
and advertising activities;
c) for a permanent injunction restraining the defendant by itself or through its men, servants, agents or anyone claiming through it from in any manner infringing the plaintiff's copyright and artistic work in any manner reproducing the plaintiff's copyright in 'Kerala Jewellers' or any other label or artistic work which is similar or deceptively similar to that of the plaintiff's copyrighted label 'Kerala Jewellers';
d) directing the defendant to pay to the plaintiff a sum of Rs.500/being the liquidated damages for use of the offending trade mark 'Kerala Jewellers' together with interest at 24% per annum from the date of the plaint till the date of payment;
e) directing the defendant to render a true and proper account of the profits earned by it through the manufacture and sale of the products by suing the offending trade mark 'Kerala Jewellers' and directing the defendant to pay to the plaintiff the said profits so earned by it using the offending trade mark 'Kerala Jewellers';
f) directing the defendant to surrender to the plaintiff the entire
stock of unused offending 'Kerala Jewellers' marked labels, cartons, boxes https://hcservices.ecourts.gov.in/hcservices/ and any other printed materials, blocks, advertisements with literature and
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any other materials containing and consisting of the offending trade mark
'Kerala Jewellers' for destruction and
g) directing the defendant to pay to the plaintiff the costs of this suit.
2. The counsel for the parties are absent. The suit is of the year 1999. I do not see any useful purpose that will be served by keeping the suit pending.
3. Hence, the suit is dismissed for non-prosecution. No costs.
Sd/- R.S.M.J. 08/07/2021
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. 08/07/2021
//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 issue framed by the court
Whether a suit filed in 1999 regarding trade mark and copyright infringement should be kept pending absent appearance of parties.
3 provisions across 3 enactments
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
