The High Court of Madras disposed of a civil suit filed for infringement of trademark and copyright and passing-off in relation to safety matches. The petitioner counsel moved to withdraw the suit, and the court recorded this submission and dismissed the suit accordingly without costs.
Suit dismissed as withdrawn. 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.
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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.79 of 2006
1.V.P.Arumugam
No.443, Abdul Sukur Street, New Town, Vaniyambadi, Tamilnadu. Also at Branch Office at No.149/3, Broadway, Chennai 600 108.
2.V.P.Chokkalingam No.24, New Street, Bosepet, Gudiyattam, Tamilnadu. Also at Branch Office at No.149/3, Broadway, Chennai 600 108.
3.V.P.Appunu
No.17, Murugappa Pillai Street, Thalayatham, Gudiyattam, Tamilnadu. Also at Branch Office at No.149/3, Broadway, Chennai 600 108.
4.V.V.Rajan
No.20, New Street, Bosepet, Gudiyattam, Tamilnadu. Also at Branch Office at No.149/3, Broadway, Chennai 600 108.
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5.V.V.Venkatesan
No.20, New Street, Bosepet, Gudiyattam, Tamilnadu. Also at Branch Office at No.149/3, Broadway, Chennai 600 108. ...Plaintiffs .Vs. R.Udayakumar, Proprietor M/s.Ganeshkumar Match Works, No.5/20, Samudipuram, Chettikuppam Post, Gudiyattam – 632 602.
... Defendant
Civil Suit praying that this Hon'ble Court may be pleased to pass a judgement and Decree:
a) Granting a Permanent injunction restraining the defendant by himself, his servants, licensees, agents, printers, laminators, screen printers, scourers and distributors or any one claiming though him from in any manner committing infringement of plaintiffs' Registered Trade Mark 'JOKER' and its distinctive colour combination and get-up by usig the deceptively similar colour combination and get-up of his label trade mark 'JOKES' in relation to goods 'safety matches' in Class 34;
b) Granting a Permanent Injunction restraining the defendant by himself, his servants, licensees, agents, printers, laminators, screen printers, scourers and distributors or any one claiming through him from in any
manner committing 'infringement of copyright' in the artistic work of
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plaintiffs' distinctive colour combination and get-up of their registered label
trade mark 'JOKER' and by publishing, distributing, printing or cause to be
printed the impugned artistic work of the defendant's label trade mark 'JOKES';
c) Granting a Permanent Injunction restraining the defendant by himself, his servants, lecensees, agents, printers, laminators, screen printers, scourers and distributors or any one claiming through him from in any manner committing 'passing off' his goods safety matches under the deceptive colour combination and get-up of his label trade mark 'JOKES' as and for or being connected with the plaintiffs' registered label trade mark 'JOKER' in relation to goods safety matches;
d) Directing the defendant to surrender to the plaintiffs all the unused labels printed in carton, 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) Directing the defendants to pay the plaintiffs the cost of the
suit.
This Civil Suit coming on this day before this court for hearing in the presence of Mr.N.R.Srinath for P.C.N.Raghupathy, Advocates for the
plaintiffs herein and the defendant herein not appearing in person or by https://hcservices.ecourts.gov.in/hcservices/ advocate and upon reading the plaint filed herein and the learned counsel
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for the plaintiff having submitted that he has got instructions to withdraw
the suit and this Court doth recording the same,
it is ordered as follows :-
That the Suit in C.S.No.79 of 2006 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 (O.S-I)
//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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ky
09.08.2021
C.S.No.79 of 2006
ORDER
DATED : 15.07.2021
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 : 15.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.79 of 2006
1.V.P.Arumugam 2.V.P.Chokkalingam 3.V.P.Appunu 4.V.V.Rajan 5.V.V.Venkatesan ...Plaintiffs
.Vs.
R.Udayakumar,
Proprietor M/s.Ganeshkumar Match Works, No.5/20, Samudipuram, Chettikuppam Post, Gudiyattam – 632 602.
... Defendant
Plaint filed under Order IV Rule 1 of the Original Side Rules read
with Section 29(2), 134(a) & (c) and 135 of the Trade Marks act, 1999 and 55 of the Copyrights Act, 1957 praying for a judgment and decree:
a) Granting a Permanent injunction restraining the defendant by himself, his servants, licensees, agents, printers, laminators, screen printers, scourers and distributors or any one claiming though him from in any manner committing infringement of plaintiffs' Registered Trade Mark https://hcservices.ecourts.gov.in/hcservices/ 'JOKER' and its distinctive colour combination and get-up by usig the
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deceptively similar colour combination and get-up of his label trade mark 'JOKES' in relation to goods 'safety matches' in Class 34;
b) Granting a Permanent Injunction restraining the defendant by himself, his servants, licensees, agents, printers, laminators, screen printers, scourers and distributors or any one claiming through him from in any manner committing 'infringement of copyright' in the artistic work of plaintiffs' distinctive colour combination and get-up of their registered label trade mark 'JOKER' and by publishing, distributing, printing or cause to be printed the impugned artistic work of the defendant's label trade mark 'JOKES';
c) Granting a Permanent Injunction restraining the defendant by himself, his servants, lecensees, agents, printers, laminators, screen printers, scourers and distributors or any one claiming through him from in any manner committing 'passing off' his goods safety matches under the deceptive colour combination and get-up of his label trade mark 'JOKES' as and for or being connected with the plaintiffs' registered label trade mark 'JOKER' in relation to goods safety matches;
d) Directing the defendant to surrender to the plaintiffs all the unused labels printed in carton, 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) Directing the defendants to pay the plaintiffs the cost of the suit.
For Plaintiffs : Mr.N.R.Srinath for P.C.N.Raghupathy For Defendant : No appearance
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J U D G M E N T
Mr.N.R.Srinath, learned counsel appearing for the plaintiffs
would submit that he has got instructions to withdraw the suit.
2. Recording the said submission of the counsel for the plaintiff,
this suit is dismissed as withdrawn. No costs.
Sd./-R.S.M.J
15.07.2021
List of the witnesses examined on the side of the plaintiffs : Nil
List of Exhibits marked on the side of the plaintiffs : Nil
List of the witnesses examined on the side of the defendant: Nil List of Exhibits marked 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.
1 issue framed by the court
Whether the suit regarding infringement of trade mark and copyright should be proceeded with.
2 provisions across 2 enactments
V.P. Arumugam and Others
R. Udayakumar
R. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
