Plaintiffs filed a civil suit for copyright infringement and passing off. The plaintiffs subsequently filed a memo seeking to withdraw the suit without reserving rights to file a fresh suit later.
Suit dismissed as withdrawn by the plaintiff without order as to costs.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.
C.S.No.664 of 2005, O.A.Nos.746, 747 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.03.2021
CORAM:
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No.664 of 2005
and O.A.Nos.746, 747 of 2005
1.Durai Industrial Works,
284, Dr.Ambedkar Road,
Velandipalayam,
Coimbatore - 641 025
having its branch office at
16, Gregory Street,
Chennai - 600 001.
rep. by its constituted attorney,
R.Srinivas
2.D.Nataraj
284, Dr.Ambedkar Road,
Velandipalayam,
Coimbatore - 641 025
rep. by its constituted attorney,
R.Srinivas ... Plaintiffs
..Vs..
1.Durai Engineering Products,
1143, Mettupalayam Road,
Coimbatore - 641 043.
2.D.Narayanaswamy,
1143, Mettupalayam Road,
Coimbatore - 641 043. ... Defendants
C.S.No.664 of 2005, O.A.Nos.746, 747 of 2005
PRAYER : Plaint filed under Order VII Rule 1 CPC read with Order IV Rule 1 OS Rules and Sections 51, 55 and 62 of the Copyrights Act, 1957, prayed for a Judgment and Decree:-
themselves, their partners, heirs, legal representatives, successors in business, assigns, agents, distributors, stockists, wholesalers, dealers, retailers or any one claiming through or under them from committing acts of infringement of copyright of plaintiff's copyright in the artistic work in drawing for Automised Direct Grains Roaster by making of a substantial reproduction of the plaintiff's copyright in 2-dimensional drawing for Paddy Roaster - Double door - Firewood Model or in 3-dimensional reproduction
of the said drawings in the form of machines or in any other manner whatsoever;
(b) a permanent injunction restraining the defendants by
themselves, their partners, heirs, legal representatives, successors in business, assigns, agents, distributors, stockists, wholesalers, dealers,
C.S.No.664 of 2005, O.A.Nos.746, 747 of 2005
retailers or any one claiming through or under them from manufacturing, distributing, marketing, selling, offering for sale, advertising or in any manner dealing with the plaintiff's Automised Direct Grains Roaster in any
other name or any grain roaster similar thereto amounting to passing off
their roaster machines as and for the plaintiff's roaster machines or in any
other manner whatsoever;
(c) the defendants be ordered to deliver up for destruction all the
pamphlets, labels, packaging, packing materials, advertisement materials,
seals, dies, blocks, screen prints, brochures, trade literatures and such other
materials bearing any reference to the plaintiff and its artistic work in the drawing of Automised Direct Grains Roaster;
(d) The defendants be ordered to pay a sum of Rs.5,25,000/- as
liquidated damages for committing acts for infringement of Copyright and passing off;
(e) A preliminary decree be passed in favour of the plaintiff to
render true and faithful accounts of profits earned by the defendants by sale
C.S.No.664 of 2005, O.A.Nos.746, 747 of 2005
of machines using the plaintiff's copyright in the artistic work in the Automised Direct Grains Roaster drawings 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 have rendered accounts:
(f) For costs of the suit.
For Plaintiffs : M/s.Rahul M.Shankar
For Defendants : M/s.M.Suresh Madhavaraj
*********
J U D G M E N T
The learned counsel for the plaintiff had filed the following memo
dated 25.03.2021. It is as follows:
"The plaintiff above named humbly submits as
follows:
1. That the plaintiffs herein above do not want to
prosecute the case and seeks liberty to file fresh suit as and
when fresh cause of action arise between the parties.
C.S.No.664 of 2005, O.A.Nos.746, 747 of 2005
2. Therefore, the plaintiff craves leave of this
Hon'ble Court to withdraw the present Civil Suit No.664 of
2005.
Dated at Chennai, this the 25th day of March
2021.
sd/---,
Counsel for Plaintiffs."
2. In view of the same, suit is dismissed as withdrawn. No order
as to costs. Connected Applications are closed.
30.03.2021
Index : Yes / No
Web : Yes / No
rna
C.S.No.664 of 2005, O.A.Nos.746, 747 of 2005
C.V.KARTHIKEYAN, J
rna
C.S.No.664 of 2005
and O.A.Nos.746, 747 of 2005
30.03.2021
Durai Industrial Works
D.Nataraj
Durai Engineering Products
D.Narayanaswamy
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
