The High Court of Madras dismissed a civil suit filed for alleged infringement of copyright and trade mark as withdrawn by the plaintiff's counsel. No costs were 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)
THURSDAY, THE 15th DAY OF JULY 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S.No.664 of 2000
1.Prestige Housewares (India) Ltd., 78, Old Madras Road, Dooravani Nagar, Bangalore – 560 016. represented by its duly constituted Attorney, Shri.S.Kumar
2.TTK Prestige Ltd., 78, Old Madras Road, Dooravani Nagar, Bangalore – 560 016. represented by its duly constituted Attorney, Shri.S.Kumar
...Plaintiffs
Vs.
SPAN ELECTRONICS, M.G.Road, Goregaon West (West), Mumbai – 600 090. ...Defendant
Civil suit praying that this Hon'ble Court be pleased to pass a
judgment and decree against the defendant:
a) granting a perpetual order and injunction restraining the defendant
by itself / its partners, servants, agents, distributors, stockists, clearing and https://hcservices.ecourts.gov.in/hcservices/
forwarding agents or any of them from in any manner infringing the
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Plaintiffs' Copyright in the artistic work PRESTIGE SUPREME or any work which is a colourable imitation of the plaintiff's artistic work PRESTIGE SUPREME or in any manner whatsoever.
b) granting a perpetual order and injunction restraining the defendant by itself / its partners, servants, agents, distributors, stockists, clearing and forwarding agents or any of them from in any manner infringing the plaintiffs' trade mark PRESTIGE SUPREME or any mark deceptively similar thereto or in any manner whatsoever.
c)granting a perpetual order and injunction restraining the defendant by itself/its partners, servants, agents, distributors, stockists, clearing and forwarding agents or any of them from in any manner passing off the defendants spurious gaskets as and for the plaintiffs goods by representation of the plaintiff's trade mark and artistic work PRESTIGE SUPREME or any mark similar thereto on the defendant's goods or packaging.
d) a preliminary decree be passed in favour of the plaintiffs, directing the defendant to render account of profits made by representation of PRESTIGE SUPREME on the product and / or packaging and a final decree https://hcservices.ecourts.gov.in/hcservices/
be passed in favour of the plaintiffs for the amount of profits thus found to
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have been made by the defendant, after the latter has rendered accounts.
e)the defendant be ordered to surrender to the plaintiffs for destruction, of all goods, cartons, labels, blocks, dies, screen prints, pamphlets, brochures and other material bearing the Trade Mark and artistic work PRESTIGE or any mark and / or artistic work similar to or which is substantial reproduction of the plaintiffs trade mark and artistic work PRESTIGE.
f)the defendant be ordered and decreed to pay to the plaintiffs a sum of Rs.1,000/- as damages for his wrongful and illegal activities and for the use of Trade Mark and artistic work PRESTIGE.
g) for costs of the suits and
This Civil suit coming on this day before this court for hearing in the
presence of Mr.K.Harish, Advocate for the Plaintiffs herein and the defendant herein not appearing in person or by advocate and upon reading the plaint filed herein, and the learned counsel for the plaintiff having submitted that he has got instructions to withdraw the suit, and this court
doth recording the same, and It is ordered as follows:-
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That the suit in C.S.No.664 of 2000 be and is hereby dismissed as
withdrawn.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 15th 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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SK 13.08.2021
C.S.No.664 of 2000
ORDER :- DATED :15.07.2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 17/08/2021
APPROVED ON: 18/08/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.664 of 2000
1.Prestige Housewares (India) Ltd., 78, Old Madras Road, Dooravani Nagar, Bangalore – 560 016. represented by its duly constituted Attorney, Shri.S.Kumar
2.TTK Prestige Ltd., 78, Old Madras Road, Dooravani Nagar, Bangalore – 560 016. represented by its duly constituted Attorney, Shri.S.Kumar ...Plaintiffs
Vs.
SPAN ELECTRONICS, M.G.Road, Goregaon West (West), Mumbai – 600 090. ...Defendant
Prayer: Plaint filed under Order IV Rule 1 of the Original Side rules r/w. Sections 51, 55 & 62 of the Copyright Act, 1957 & Sections, 28, 29, 105 & 106 of the Trade and Merchandise Marks Act, 1958, praying as follows:-
a) granting a perpetual order and injunction restraining the defendant
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by itself / its partners, servants, agents, distributors, stockists, clearing and
forwarding agents or any of them from in any manner infringing the Plaintiffs' Copyright in the artistic work PRESTIGE SUPREME or any work which is a colourable imitation of the plaintiff's artistic work PRESTIGE SUPREME or in any manner whatsoever.
b) granting a perpetual order and injunction restraining the defendant by itself / its partners, servants, agents, distributors, stockists, clearing and forwarding agents or any of them from in any manner infringing the plaintiffs' trade mark PRESTIGE SUPREME or any mark deceptively similar thereto or in any manner whatsoever.
c)granting a perpetual order and injunction restraining the defendant
by itself/its partners, servants, agents, distributors, stockists, clearing and forwarding agents or any of them from in any manner passing off the defendants spurious gaskets as and for the plaintiffs goods by representation of the plaintiff's trade mark and artistic work PRESTIGE SUPREME or any mark similar thereto on the defendant's goods or packaging.
d) a preliminary decree be passed in favour of the plaintiffs, directing https://hcservices.ecourts.gov.in/hcservices/ the defendant to render account of profits made by representation of
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PRESTIGE SUPREME on the product and / or packaging and a final decree
be passed in favour of the plaintiffs for the amount of profits thus found to
have been made by the defendant, after the latter has rendered accounts.
e)the defendant be ordered to surrender to the plaintiffs for destruction, of all goods, cartons, labels, blocks, dies, screen prints, pamphlets, brochures and other material bearing the Trade Mark and artistic work PRESTIGE or any mark and / or artistic work similar to or which is substantial reproduction of the plaintiffs trade mark and artistic work PRESTIGE.
f)the defendant be ordered and decreed to pay to the plaintiffs a sum of Rs.1,000/- as damages for his wrongful and illegal activities and for the
use of Trade Mark and artistic work PRESTIGE.
g) for costs of the suits and
h) for such further and other orders as this Hon'ble Court may deem
fit and proper under the facts and circumstances of the case.
For Plaintiffs : Mr.K.Harish
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For Defendant : No Appearance
J U D G M E N T
Mr.K.Harish, learned counsel appearing for the plaintiff would submit
that he has got instructions to withdraw the suit.
2.Recording the said statement, this suit is dismissed as withdrawn.
No costs.
Sd./-(R.S.M.J.,)
15.07.2021
//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 witness and documents filed on the side of the plaintiffs:
Nil
List of witness and documents filed on the side of the defendant:
Nil
Sd./-(R.S.M.J.,)
15.07.2021
//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.
Prestige Housewares (India) Ltd.
TTK Prestige Ltd.
SPAN ELECTRONICS
R.Subramanian
Sanjeev Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
