The High Court of Judicature at Madras dismissed a suit for permanent injunction filed under the Trade and Merchandise Marks Act and Copyrights Act. The court held that the suit, filed in 2001, was dismissed due to non-prosecution as the plaintiff could not be contacted.
The suit was dismissed for non-prosecution; 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.
C.S.No.608 of 2001
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.608 of 2001
SUN KNITTING COMPANY
Rep. by its Partner
R.Damodharan,
No.172, Dharapuram Road,
Tirupur – 639 608. ...Plaintiff
.Vs.
SHESHACHALA HOSIERY PVT LTD.,
Plot No.88, Seetharam Nagar,
R.K.Puram (P.O.)
Secunderabad – 500 056. ... Defendant
Plaint filed under Order IV Rule (1) of Original Side Rules, Section 27, 105 and 106 of the Trade and Merchandise Marks Act, 1958 and Section 55 of the Copyrights Act, 1957 seeking:
a) To grand a permanent injunction, restraining the defendant by themselves, its Directors, servants, licensees, agents, printers, distributors or anyone claiming through them from committing infringement of plaintiff's Registered Trade Mark 'SUN' and its distinctive device by
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C.S.No.608 of 2001
using the deceptively similar mark 'SON' or with deceptive get-up, device and colour combination in relation to the Hosiery goods.
b) To grant a permanent injunction, restraining the defendant by themselves, its Directors, servants, licensees, agents, printers, and distributors or anyone claiming through them from committing 'infringement of copyright' in the artistic work of plaintiff's distinctive device 'SUN' by publishing, distributing, printing or cause to be printed the impugned artistic work of the defendant's device 'SON'.
c) To grant a permanent injunction, restraining the defendant by themselves, its Directors, servants, licensees, agents, printers or any one claiming through them from committing the 'passing off' their Hosiery goods under the deceptive mark 'SON' as and for or being connected with the business of the plaintiff.
d) To direct the defendant to surrender to the plaintiff all the unused labels printed in cardboard, wrappers and other printed matters containing or consisting of the offending trade mark together with blocks used for the purpose of printing the same for destruction and
e) To direct the defendant to pay the plaintiff the cost of the suit.
For Plaintiff : No appearance For Defendants : Mr.K.P.Ashok
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C.S.No.608 of 2001
J U D G M E N T
The suit has been filed seeking
a) To grand a permanent injunction, restraining the defendant by
themselves, its Directors, servants, licensees, agents, printers, distributors
or anyone claiming through them from committing infringement of plaintiff's Registered Trade Mark 'SUN' and its distinctive device by using the deceptively similar mark 'SON' or with deceptive get-up, device and colour combination in relation to the Hosiery goods.
b) To grant a permanent injunction, restraining the defendant by themselves, its Directors, servants, licensees, agents, printers, and distributors or anyone claiming through them from committing 'infringement of copyright' in the artistic work of plaintiff's distinctive device 'SUN' by publishing, distributing, printing or cause to be printed the impugned artistic work of the defendant's device 'SON'.
c) To grant a permanent injunction, restraining the defendant by themselves, its Directors, servants, licensees, agents, printers or any one claiming through them from committing the 'passing off' their Hosiery goods under the deceptive mark 'SON' as and for or being connected with the business of the plaintiff.
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C.S.No.608 of 2001
d) To direct the defendant to surrender to the plaintiff all the
unused labels printed in cardboard, wrappers and other printed matters containing or consisting of the offending trade mark together with blocks
used for the purpose of printing the same for destruction and
e) To direct the defendant to pay the plaintiff the cost of the suit.
2. The learned counsel appearing for the parties would submit that they are unable to contact their respective parties. The suit is of the year 2001. It is almost 20 years now and the relief sought for is one of permanent injunction in an infringement action.
3. In view of the disinterest shown by the plaintiff in not responding to its counsel, the suit is dismissed for non-prosecution. No costs.
22.06.2021 dsa Index : No Internet : Yes Non-speaking order List of the witnesses examined on the side of the plaintiff : Nil List of Exhibits marked on the side of the plaintiff : Nil
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C.S.No.608 of 2001
List of the witnesses examined on the side of the defendants: Nil
List of Exhibits marked on the side of the defendants: Nil
22.06.2021
dsa
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C.S.No.608 of 2001
R.SUBRAMANIAN, J.
dsa
C.S.No.608 of 2001
22.06.2021
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Sun Knitting Company
Sheshachala Hosiery Pvt Ltd.
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
