Plaintiffs filed a suit seeking injunctions and damages for trademark infringement and copyright violation. The plaintiff's counsel informed the court that they sought to withdraw the suit as the defendant's products were no longer in the market.
Suit dismissed as withdrawn. No costs awarded. Liberty reserved for future cause of action.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 5TH DAY OF AUGUST 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S.No.833 of 2000
C.S.No.833 of 2000:-
Hanuman Cottage Industry, 37/1, 2nd Main Road, New Tharagupet, Bangalore-52.
... Defendant
Civil Suit praying that this Hon'ble Court be pleased to grant a
judgment and decree on the following terms:-
partners / proprietors, heirs, legal representatives, successors-in-business,
assigns, servants, agents, distributors, representatives or any of them from in
any manner infringing the Plaintiff's registered trademark “SABENA” by
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use of trademark “SUBEENA” or any mark which is similar to Plaintiff's trademark “SABENA” in respect of cleaning powder.
(b) a permanent injunction restraining the Defendant, by itself, its partners / proprietors, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, representatives or any of them from passing off and enabling others to pass off the Defendant's cleaning powder as and for Plaintiff's cleaning powder by use of trademark “SUBEENA” and “SUBEENA” polythene pouch or any other mark and/or pouch which is a identical or similar to Plaintiff's trademark “SABENA” and “SABENA” polythene pouch or in any other manner whatsoever;
(c) a permanent injunction restraining the Defendant, by itself, its partners / proprietors, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, representatives or any of them from in any manner infringing the Plaintiff's artistic work “SABENA” polythene pouch by use of “SUBEENA” polythene pouch or any other pouch which is a substantial reproduction of Plaintiff's artistic work “SABENA” polythene pouch;
(d) the Defendant be ordered to surrender to plaintiff's for destruction all goods, products, polythene pouches, blocks, dyes, screen prints, brochures, labels, pamphlets, advertising materials and other https://hcservices.ecourts.gov.in/hcservices/ materials bearing the trademark “SUBEENA” and artistic work
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“SUBEENA” polythene pouch or any other trademark and/or artistic work
which is identical or similar to Plaintiff's trademark “SABENA” and artistic
work “SABENA” polythene pouch;
(e) a preliminary decree to be passed in favour of the Plaintiff's directing the Defendant to render account of profits made by use of trademark “SUBEENA” and artistic work of “SUBEENA” polythene pouch from the date of commitment of sale of goods and a final decree be passed in favour of the Plaintiff's for the amount of profits thus to have been made
by the Defendant after the letter have rendered accounts.
(f) a decree for Rs.10,05,000/- as damages in favour of the Plaintiffs for the acts of infringement of trademark, infringement of Copyright and passing off committed by the Defendant.
(g) for costs of the suit.
This suit coming on this day before this court for hearing in the presence of Mr.Rahul M.Shankar for Mr.C.S.GopalaKrishnan, Advocates for the plaintiffs herein and Mr.K.Chandrasekar, Advocate for the defendant herein and upon reading the plaint filed herein and the learned counsel for the plaintiff having submitted that he has instructions to withdraw the suit, since the products of the defendant are no longer in the market, and this court doth recording the same,
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it is ordered as follows:-
That the suit in C.S.No.833 of 2000 be and is hereby dismissed as
withdrawn.
court, if there is a future cause of action.
WITNESS, THE HON'BLE MR.JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT OF MADRAS AFORESAID, THIS DATED THE 5TH DAY OF AUGUST 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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VSP 19/08/2021
C.S.No.833 of 2000
ORDER
DATED :05/08/2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL:24/08/2021
APPROVED ON:24/08/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.833 of 2000
2.ECOF Detergents Private Ltd., 28 B, Sardar Patel Road, Guindy, Chennai – 600 032. Represented by its Business Manager, Mr.G.Parimalazhagan
...Plaintiffs
Vs.
Hanuman Cottage Industry, 37/1, 2nd Main Road, New Tharagupet, Bangalore – 52. ...Defendant
Prayer: Plaint filed under Order VII, Rule 1 of C.P.C., and Order IV Rule 1 of the Original Side rules r/w. Sections 27, 28, 29, 105 & 106 of the Trade and Merchandise Marks Act, 1958 and Sections 51, 55, 62 and 63 of the Copyright Act, 1957, praying as follows:-
a) a permanent injunction restraining the Defendant, by itself, its partners / proprietors, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, representatives or any of them from in https://hcservices.ecourts.gov.in/hcservices/ any manner infringing the Plaintiffs' registered trademark 'SABENA' by use
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of trademark 'SUBEENA' or any mark which is similar to Plaintiffs' trademark ' SABENA' in respect of cleaning powder.
b) a permanent injunction restraining the Defendant, by itself, its partners / proprietors, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, representatives or any of them from passing off and enabling others to pass off the Defendant's cleaning powder as and for Plaintiffs' cleaning powder by use of trademark 'SUBEENA' and 'SUBEENA' polythene pouch or any other mark and / or pouch which is a identical or similar to Plaintiffs' trademark ' SABENA' and 'SABENA' polythene pouch or in any other manner whatsoever;
c) a permanent injunction restraining the Defendant, by itself, its partners / proprietors, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, representatives or any of them from in any manner infringing the Plaintiffs' artistic work 'SABENA' polythene pouch by use of 'SUBEENA' polythene pouch or any other pouch which is a substantial reproduction of Plaintiffs' artistic work 'SABENA' polythene pouch;
d) the Defendant be ordered to surrender to Plaintiffs for destruction all goods, products, polythene pouches, blocks, dyes, screen prints, brochures, labels, pamphlets, advertising materials and other materials bearing the trademark 'SUBEENA' and artistic work 'SUBEENA' polythene pouch or any other trademark and / or artistic work which is identical or similar to Plaintiffs' trademark 'SABENA' and artistic work 'SABENA' polythene pouch;
e) a preliminary decree to be passed in favour of the Plaintiffs directing the Defendant to render account of profits made by use of https://hcservices.ecourts.gov.in/hcservices/ trademark 'SUBEENA' and artistic work of 'SUBEENA' polythene pouch
from the date of commitment of sale of goods and a final decree be passed
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in favour of the Plaintiffs for the amount of profits thus to have been made by the Defendant after the letter have rendered accounts.
f) a decree for Rs.10,05,000/- as damages in favour of the Plaintiffs for the acts of infringement of trademark, infringement of Copyright and passing off committed by the Defendant.
g) for the costs of the suit.
For Plaintiffs : Mr.Rahul M Shankar for
Mr.C.S.Gopalakrishnan For Defendant : Mr.K.Chandrasekar
Mr.Rahul M Shankar, learned counsel appearing for the plaintiff
would submit that he has instructions to withdraw the suit, since the products of the defendant are no longer in the market.
2.Recording the said statement, this suit is dismissed as
withdrawn. No costs. Liberty is reserved to the plaintiffs to approach the Court, if there is a future cause of action.
Sd./-R.S.M.J 05.08.2021
//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 https://hcservices.ecourts.gov.in/hcservices/ of the Orders/Judgments/Decrees in this format.
2 issues framed by the court
Whether to grant injunction relief for trademark infringement and passing off.
Whether to award damages for copyright infringement under the Trade and Merchandise Marks Act and Copyright Act.
4 provisions across 4 enactments
Scientific Compounds and Processes Private Ltd.
ECOF Detergents Private Ltd.
Hanuman Cottage Industry
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
