Dismissed

Good Luck Paints and Chemicals v. Arunachala Industries

Madras HC26 Apr 2021CS/711/2015

Case brief

AI extract

What is this about?

Civil suit regarding trademark, passing off, and copyright infringement. The plaintiff offered to withdraw the suit upon receiving an undertaking from the defendant to cease use of the infringing label. No appearance was recorded for the defendant; the plaintiff's counsel presented a letter confirming withdrawal. The suit was dismissed as withdrawn.

What did the court decide?

Suit dismissed as withdrawn: undertaking regarding cessation of infringing use recorded.

Good Luck Paints and Chemicals Vs Arunachala Industries — Intellectual Property | Madras HC (2021)

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C.S.No.711 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.04.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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C.S.No.711 of 2015

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and

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A.Nos.5743, 5744 of 2015 and O.A.Nos.930 to 932 of 2015

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Good Luck Paints and Chemicals A-39, Karthikeyan Salai, Periyar Nagar, Chennai – 600 080.

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Rep. By its Partner, Mrs.B.Nagarathi ...Plaintiff Vs.

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Arunachala Industries, 148, MAHIA Industrial Estate, Varichur, PO, Madurai – 625 020. ...Defendant

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Prayer: Civil Suit filed under Order IV Rule 1 of Original Side rules and Order VII Rule 1 of C.P.C r/w Sections 27, 28, 29, 134 & 135 of the Trade Marks Act, 1999 and Sections 51, 55 and 62 of the Copyright Act, 1957 praying as follows:-

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a) a perpetual injunction restraining the defendant by itself, its directors, partners, proprietor as the case may be, heirs, legal representatives, successors in business, assigns, agents, distributors, stockists, or any one claiming through them from in any manner infringing the plaintiff's trademark GOODLUCK label registered under No.520499 by

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http://www.judis.nic.in

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C.S.No.711 of 2015

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use of an identical and / or deceptively similar label, containers, packaging, other materials or in any other manner whatsover;

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b) a perpetual injunction restraining the defendant by itself, its directors, partners, proprietor as the case may be, heirs, legal representatives, successors in business, assigns, agents, distributors, stockists, or any one claiming through them from in any manner passing off or enabling others to pass off the defendant's paints, enamels, primers, varnish and such other cognate / allied goods as and for the plaintiff's paints, enamels, primer, varnish and like goods by use of the GOODLUCK containers having a colour scheme of blue and yellow, arrangement of features or any container, packaging which is similar to plaintiff's trade dress in the GOODLUCK containers having distinctive colour scheme, get up and layout or in any other manner whatsoever;

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c) a perpetual injunction restraining the defendant by itself, its directors, partners, proprietor as the case may be, heirs, legal representatives, successors in business, assigns, agents, distributors, stockists, or any one claiming through them from in any manner infringing the plaintiff's copyright in the artistic work GOODLUCK container label having blue and yellow colour scheme, get up, lay out, arrangement of features, by substantially reproducing the same for their GOODLUCK containers, or any other containers, product packaging or in any other manner whatsoever;

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d) the defendant be ordered to pay to the plaintiff a sum of Rs.10,00,000/- as damages for committing acts of infringement of

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2/7

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http://www.judis.nic.in

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C.S.No.711 of 2015

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trademark, passing off and infringement Copyright.

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e) the defendant be ordered to surrender to plaintiff's for destruction of all goods, containers, cartons, labels, prints, blocks, dies, plates, moulds and other materials bearing the colour scheme of blue and golden yellow or any other features similar to the plaintiff's GOODLUCK label;

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f) a preliminary decree be passed in favour of the plaintiff directing the defendant to render account of profits made by use of the deceptively similar trade mark / label, trade dress and copyright in the artistic work GOODLUCK paints amounting to infringement of the plaintiff's registered trademark / label, copyright and passing off and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the defendant after the latter have rendered accounts;

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g) for costs of the suit; and

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h) pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.

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For Plaintiff : Ms.Chandini Pradeepkumar For Defendant : No appearance

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Ms.Chandini Pradeepkumar, learned counsel appearing for the

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plaintiff would submit that the plaintiff would be willing to withdraw the

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3/7

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http://www.judis.nic.in

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C.S.No.711 of 2015

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suit, if the undertaking given by the defendant by his letter dated 05.09.2015, which was handed over to the Advocate Commissioner, who was appointed by this Court is recorded. The said letter reads as follows:-

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“Herewith, we confirm your notice dated 05.09.2015 regarding your “Goodluck Label”. We already closed our unit by March 2015. In future, we won't use your Goodluck label for cheaper red oxide metal primer. What are the remaining unused labels available with us, we have handed over to your people. Sorry for the inconvenience. If won't repeated again. Thanking you.”

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The said letter has been signed by Mr.Prabakaran, Authorized signatory of the defendant.

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2.The said statement is recorded and the suit is dismissed as

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withdrawn. Consequently, all connected applications are closed. No costs.

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26.04.2021

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kkn

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Internet:Yes Index:No Non-Speaking

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4/7

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http://www.judis.nic.in

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C.S.No.711 of 2015

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List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendant:
Nil
26.04.2021
kkn

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5/7

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http://www.judis.nic.in

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C.S.No.711 of 2015

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R.SUBRAMANIAN, J.
KKN
C.S.No.711 of 2015
and
A.Nos.5743, 5744 of 2015 and O.A.Nos.930 to 932 of 2015

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http://www.judis.nic.in

C.S.No.711 of 2015

26.04.2021

7/7

http://www.judis.nic.in

Good Luck Paints and Chemicals v. Arunachala Industries

Case brief

What is this about?

What did the court decide?

Good Luck Paints and Chemicals v. Arunachala Industries

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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