The plaintiff sought injunctions and damages for trademark infringement and passing off against the defendant. The defendant's counsel sought permission to withdraw the suit, and the court granted it.
Suit dismissed as withdrawn. No costs.
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C.S.No.926 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.926 of 2006
M/s.Mysore Cements Ltd.,
st
1 Floor, “Industry House”,
45, Race Course Road,
Bangalore 560 001.
Rep. By its
Company Secretary G.K.Sureka
Working for gain at
No.12, I Main Road,
Kotturpuram, Chennai – 600 085. ...Plaintiff
Vs.
M/s.D.M.Cements (P) Ltd.,
Granthpura,
Hosadurga Taluk,
Chitra Durga (District)
Pin: 572 218
Karnataka
Rep. By its Director. ...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. Section 27, 28, 29, 134, 135 of Trademarks Act, 1999, praying as follows:-
a) a perpetual injunction restraining the defendant by themselves of their men, servants, agents, distributors, stockists, representatives, assigns, successors or any of them claiming under them from advertising, selling, 1/5
C.S.No.926 of 2006 distributing, offering for sale cements, packed in bags bearing the trade mark / trade name / trading style / house mark “MYSORE CEMENTS” and trespassing on the rights of the plaintiff or in any other manner whatsoever.
b) a perpetual injunction restraining the defendant by themselves or their men, servants, agents, distributors, stockists, representatives, successors in interest or any of them from in any manner committing acts of passing off by selling distributing, advertising, offering for sale cements, packed in bags bearing the trade mark / trade name / trading style / house mark “MYSORE CEMENTS” and / or in any other manner whatsoever.
c) a perpetual injunction restraining the defendant by themselves or their men, servants, agents, distributors, stockists, representatives, successors in interest or any of them from in any manner committing acts of infringement by using, selling distributing, offering for sale cements, packed in bags bearing the trading style of M/s.D.M.Cements Pvt. Ltd., which is derived from registered trade mark DIAMOND CEMENT of the plaintiff or using other mark whatsoever.
d) directing the defendant to render account of profits made by them by use of the trade name “MYSORE CEMENTS” or any similar mark thereto and / or by using trading style D.M.Cements Pvt. Ltd., derived from Diamond trade mark of the plaintiff.
e) the defendant be ordered to surrender to the plaintiff for destruction all bags, labels, blocks, dyes, prints, packing materials and other materials bearing the trade mark or house mark “MYSORE CEMENTS” or any mark similar thereto and forbearing the trade name D.M.Cement Pvt. Ltd., which is a shortened version of the trade mark of the plaintiff. 2/5
C.S.No.926 of 2006
f) for the cost of the suit.
g) pass such further or other reliefs as this Hon'ble Court may deem fit and necessary in the circumstances of the case and thus render justice.
For Plaintiff : Mr.N.Shrivatsav for
Mr.S.Balachandran
For Defendant : Mr.T.K.Ramkumar for
M/s. Ram & Rajan Associates
J U D G M E N T
Mr.N.Shrivatsav reprsenting Mr.S.Balachandran, learned counsel for
the plaintiff would seek permission to withdraw the suit.
2.Hence, this suit is dismissed as withdrawn. No costs.
23.06.2021
kkn
Internet:Yes
Index:No
Non-Speaking
List of witness and documents filed on the side of the plaintiff:
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C.S.No.926 of 2006
Nil
List of witness and documents filed on the side of the defendant:
Nil
kkn
23.06.2021
R.SUBRAMANIAN, J.
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C.S.No.926 of 2006
C.S.No.926 of 2006
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3 provisions across 3 enactments
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
