Long-pending suit for trademark injunction dismissed for want of prosecution by the plaintiff after more than 20 years.
Suit dismissed for non-prospection; no 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.867 of 2000
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2021
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No.867 of 2000
Golden Dragon,
represented by its Proprietor,
Fan Shantu,
Plot No.2866, 'Y' Block,
3rd Street, 12th Main Road,
Anna Nagar, Chennai - 40. ...
Plaintiff
..Vs..
M/s.Golden Foods Industries,
represented by its Proprietor,
Panneerselvam. ... Defendant
PRAYER : Plaint filed under and Order IV Rule 1 of Original Side Rules
and Order VII Rule 1 of CPC, Sections 105 and 106 of the Trade and
Mercandise Marks Act, 1958, prayed for a Judgment and Decree:-
(a) Granting a permanent injunction restraining the defendant by
itself, its servants, agents, assigns or any one else claiming through it from in any manner infringing the Registered Trade Mark "Golden Dragon" by using
C.S.No.867 of 2000
the offending device of Dragon by using noodles in a bowl and colour scheme or mark which are in any way identical or colourable imitation of the plaintiff's Registered Trade mark, "Golden Dragon".
(b) Granting a permanent injunction restraining the Defendant
herein by itself, its servants, agents, assigns or any one else claiming through it from in any manner passing off its Egg and Vegetarian noodles through their packets bearing the offending artistic work and design and colour scheme of the well established Trade Mark of the plaintiff "Golden Dragon"
either through sale or in any manner advertising the same.
accounts relating to the business during the use of the offending Trade Mark
and the artistic work "Golden Dragon", and directing payment of such profits
to the plaintiff for the "passing off" committed by the Defendant herein.
(d) For costs of this Suit.
For Plaintiff : M/s.M.Balasubramanian
C.S.No.867 of 2000
For Defendant : No Appearance
J U D G M E N T
Suit had been filed by the plaintiff under Sections 105 and 106 of
the Trade of Mercandise Marks Act, 1958, seeking protection of the Trademark "Golden Dragon". Since, the issue raised is an assertion of the Intellectual Property Right, the lis can be termed as a Commercial Dispute and the Commercial Division of this Court will have jurisdiction to examine
the issues under Section 2(1)(c)(xvii) of the Commercial Courts Act, 2015.
pending for the past more than 20 years. There has been no effective progress in the suit. It had been earlier listed on 02.03.2021. Today again there is a representation by the learned counsel for the plaintiff that he would like to get some instructions of the plaintiff. However, keeping a suit two decades old, on record will be of no benefit to anyone.
C.V.KARTHIKEYAN, J
C.S.No.867 of 2000
rna
always institute a fresh suit, if a fresh cause of action arises against the
defendant or against any third party with respect to the copyright.
2 issues framed by the court
Whether a suit pending for over 20 years due to lack of prosecution should be dismissed.
Whether the petitioner is entitled to institute a fresh suit for infringement.
1 provisions across 1 enactments
Golden Dragon represented by its Proprietor Fan Shantu
M/s.Golden Foods Industries represented by its Proprietor Panneerselvam
C.V.KartHikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
