Plaintiff filed a suit for injunctions regarding trademark and copyright infringement against Defendants for using similar labels. The plaintiff subsequently moved to withdraw the suit, which the court entertained and dismissed as withdrawn without costs.
Suit dismissed as withdrawn. No costs.
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 8TH DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.581 of 2000
Mothi Textiles, K.M. Mahaveer Chand, 27, North Idaiyar Street, 1st Floor, Mylapore, Chennai-600 004. and also at 194, Gandhiji road, Surampatti,Erode-603 009, State of Tamil Nadu, rep. By its Partner Mr.K.S.Shanmugasundaram. ... Plaintiff
Versus
Civil suit praying that this Hon'ble Court be pleased to pass a
judgment and decree on this following terms.
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a) A Perpetual order and injunction restraining the Defendants by
themselves, their partners, heirs, legal representatives, successors-inbusiness, assigns, servants, agents, distributors, stockists, representatives or any of them in any manner infringing the Plaintiff's registered Trade Mark MOTHI LABEL by use of Trade Mark MOTI LABEL or any label similar to Plaintiff's registered Trade Mark MOTHI LABEL.
b) Grant a perpetual order and injunction restraining the Defendants by themselves, their partners, heirs, legal representatives, successors-inbusiness, assigns, servants, agents, distributors, stockists, representatives or any of them from in any manner passing off or enabling others to pass off the Defendants towels as and for the Plaintiff's towels by use of the Trade Mark MOTI LABEL or any label similar to Plaintiff's MOTHI LABEL in colour scheme, get up and layout or in any other manner whatsoever.
c) a permanent injunction restraining the Defendants by themselves, their partners, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, stockists, representatives or any of them from and in any manner infringing the Plaintiff's registered Copyright by use of MOTI LABEL, MOTI SCRIPT which are substantial reproduction of Plaintiff's registered Artistic works MOTHI LABEL and MOTHI SCRIPT.
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d)The Defendants be ordered to surrender to Plaintiff for destruction
all towels, cartons, labels, prints, blocks, dyes, plates, moulds and other material bearing MOTI LABEL or any label similar to the Plaintiff's registered Trade Mark and Registered Artistic Work MOTHI LABEL or any label mark similar to Plaintiff's MOTHI LABEL in getup and layout.
e) A preliminary decree in favour of the Plaintiff directing the Defendants to render account of profits made by use of Trade Mark MOTI LABEL or any label which is similar to Plaintiff's registered Trade Mark and Artistic Work MOTHI LABEL and a final decree be passed in favour of the Plaintiff for the amount of profits thus found to have been make by the Defendants after the latter has rendered accounts.
f) for costs of the suit.
This suit coming on this day before this court for hearing in the presence of Ms.Chandini Pradeepkumar for Mr. C.S.Gopalakrishnan, Advocates for the plaintiff herein and Mr.B.Ramkumar for Mr.M.Narayanaswamy, Advocates for the defendants herein and upon reading the plaint field herein and the learned counsel for the plaintiff having submitted that she has got instructions to withdraw the suit, and this court doth recording the same. It is ordered as follows:
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That the suit in C.S.No.581 of 2000, be and is hereby dismissed as
withdrawn.
2)That there shall be no costs of this suit.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 8TH 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
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VSP 04/08/2021
C.S. No.581 of 2000
ORDER
DATED : 08.07.2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 07/09/2021
APPROVED ON: 08/09/2021
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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.581 of 2000
Mothi Textiles, K.M.Mahaveer Chand, 27, North Idaiyar Street, 1st Floor, Mylapore, Chennai – 600 004. and also at 194, Gandhiji Road, Surampatti, Erore – 638 009, State of Tamil Nadu, rep. by its Partner K.S.Shanmugasundaram ...Plaintiff
.Vs.
1.Rajamani Fabrics, L/103, Ambedkar Street (West), Surampatti, Erode – 638 009.
2.Swathi Textiles, L/103, Ambedkar Street (West), Surampatti, Erode – 638 009. ... Defendants
Plaint filed under Order VII Rule 1 of Civil Procedure Code and Order IV Rule 1 of the Original Side Rules read with Sections 27, 28, 29, https://hcservices.ecourts.gov.in/hcservices/ 105, 106 of the Trade and Merchandise Marks Act, 1958 and Sections 27,
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28, 29, 134 and 135 of the Trade Marks Act, 1999 read with Sections 51, 55, 62 and 63 of Copyright Act, 1957 praying for a judgment and decree for :
a) A perpetual order and injunction restraining the defendants by themselves, their partners, heirs, legal representatives, successors-inbusiness, assigns, servants, agents, distributors, stockist, representatives or any of them in any manner infringing the plaintiff's registered Trade Mark MOTHI LABEL by use of Trade Mark MOTI LABEL or any label similar to plaintiff's registered Trade Mark MOTHI LABEL.
b) Granting a perpetual order and injunction restraining the defendants by themselves, their partners, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, stockists, representatives or any of them from in any manner passing off or enabling others to pass off the defendants towels as and for the plaintiff's towels by sue of the trade Mark MOTI LABEL or any label similar to plaintiff's MOTHI LABEL in colour scheme, get up and layout or in any other manner whatsoever.
c) A permanent injunction restraining the defendants by themselves, their partners, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, stockists, representatives or ay of them from and in any manner infringing the plaintiff's registered Copyright by use of MOTI LABESL, MOTI SCRIPT which are substantial reproduction of plaintiff's registered Artistic Works MOTHI LABEL and MOTHI SCRIPT.
d) The defendants be ordered to surrender to plaintiff for destruction all towels, cartons, labels, prints, blocks, dyes, plates, moulds and other material bearing MOTI LABEL or any label similar to the plaintiff's https://hcservices.ecourts.gov.in/hcservices/ registered Trade Mark and registered Artistic Work MOTHI LABEL or any
label mark similar to plaintiff's MOTHI LABEL in getup and layout.
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e) A preliminary decree in favour of the plaintiff directing the defendants to render account of profits made by use of Trade Mark MOTI LABEL or any label which is similar to plaintiff's registered Trade Mark and Artistic Work MOTHI LABEL and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the defendants after the latter has rendered accounts and
f) for costs of the suit.
For Plaintiff : Miss.Chandini Pradeepkumar for Mr.C.S.Gopalakrishnan
For Defendants : Mr.B.Ramkumar for Mr.M.Narayanaswamy
J U D G M E N T
The suit has been filed by the plaintiff for a decree and judgment:
a) A perpetual order and injunction restraining the defendants by
themselves, their partners, heirs, legal representatives, successors-inbusiness, assigns, servants, agents, distributors, stockist, representatives or any of them in any manner infringing the plaintiff's registered Trade Mark MOTHI LABEL by use of Trade Mark MOTI LABEL or any label similar to plaintiff's registered Trade Mark MOTHI LABEL.
b) Granting a perpetual order and injunction restraining the defendants by themselves, their partners, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, stockists,
https://hcservices.ecourts.gov.in/hcservices/ representatives or any of them from in any manner passing off or enabling
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others to pass off the defendants towels as and for the plaintiff's towels by
sue of the trade Mark MOTI LABEL or any label similar to plaintiff's
MOTHI LABEL in colour scheme, get up and layout or in any other manner whatsoever.
c) A permanent injunction restraining the defendants by themselves, their partners, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, stockists, representatives or ay of them from and in any manner infringing the plaintiff's registered Copyright by use of MOTI LABESL, MOTI SCRIPT which are substantial reproduction of plaintiff's registered Artistic Works MOTHI LABEL and MOTHI SCRIPT.
d) The defendants be ordered to surrender to plaintiff for destruction all towels, cartons, labels, prints, blocks, dyes, plates, moulds and other material bearing MOTI LABEL or any label similar to the plaintiff's registered Trade Mark and registered Artistic Work MOTHI LABEL or any label mark similar to plaintiff's MOTHI LABEL in getup and layout.
e) A preliminary decree in favour of the plaintiff directing the defendants to render account of profits made by use of Trade Mark MOTI LABEL or any label which is similar to plaintiff's registered Trade Mark and Artistic Work MOTHI LABEL and a final decree be passed in favour of
the plaintiff for the amount of profits thus found to have been made by the https://hcservices.ecourts.gov.in/hcservices/ defendants after the latter has rendered accounts and
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f) for costs of the suit.
2. Miss.Chandini Pradeekumar, learned counsel appearing for the
plaintiff would submit that she has got instructions to withdraw the suit.
3. The statement of the counsel is recorded and the suit is dismissed as withdrawn. No costs.
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.
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.
3 provisions across 3 enactments
Rajamani Fabrics
Swathi Textiles
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
