The High Court of Madras dismissed a suit for trademark infringement and passing off filed in 2003 due to non-prosecution, as the plaintiff's counsel had failed to appear after years of inactivity.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.03.2021
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.948 of 2003
M/s.Prime Plast,
a Partnership Firm,
Rep.by one of its partners:
Mr.V.K.Palanisamy,
2/127, Kovai Main Road,
Vijayamangalam – 638 056.
Perundurai Taluk,
Periyar District. .. Plaintiff
/versus/
1.M/s.Prime Tele Extrusions Ltd.,
No.30, 13 th Cross,
Wilson Garden,
Bangalore – 560 027.
2.M/s.Pandiyan Steels,
No.557, Sathy Road,
Erode - 638 003.
.. Defendants
This Civil Suit is filed under Order IV Rule 1 of the High Court Original Side Rules and Order VII Rule 1 of CPC read with Sections 134 and 135 of the Trade Marks Act, 1999, prayed for a Judgment and Decree against the defendants:-
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A).Granting a permanent injunction restraining the defendants, their men, servants, agents or anyone claiming through or under them from, in any manner, infringing the plaintiff's trademark 'PRIME' by using the offending trademark 'PRIME' or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the plaintiff's trademark 'PRIME' either by manufacturing or selling or offering for sale or in any manner advertising the HDPE Pipes under the offending Trade Mark 'PRIME'.
B).Granting a permanent injunction restraining the defendants, their men, servants, agents or anyone claiming through or under them from, in any manner, passing off their HDPE pipe products as that of the plaintiff's by using the offending trademark 'PRIME' which is similar and identical to that of the plaintiff's established trade mark 'PRIME' or by using any other trademark which is similar or deceptively similar to that of the plaintiff either by manufacturing or selling or offering for sale or in any manner advertising the same for HDPE pipes.
C).Directing the defendants to render a true and faithful account of the profits earned by them through the sale of goods bearing the offending trademark 'PRIME' and directing payment of such profits to the plaintiff by way of damages for passing off committed by the defendant.
D).Directing the defendants to surrender to the plaintiff the entire stock of HDPE Pipes bearing the offending trademark 'PRIME' which is similar and/or identical to the plaintiff's trademark 'PRIME' together with cartons, labels, brochures, printing blocks, containers, boxes etc., bearing the offending trademark for destruction;
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E).Directing the defendants to pay the plaintiff the costs of the
suit.
For Plaintiff : No appearance For Defendants : Mr.Shrivatsan
JUDGMENT
The suit had been pending in the Registry without any progress
from the year 2003. It was first listed after a considerable number of years on 24.02.2021 and the jurisdiction was decided. It was again listed on 15.03.2021.
2.The learned counsel for the defendants stated that the learned
counsel for the petitioner has not been appearing before this Court. As a matter of fact, the learned counsel has also expressed his grievance that the defendants had been suffering an order of interim injunction. Hence, the suit is dismissed for non-prosecution. No order as to costs.
23.03.2021
smv
Internet : Yes / No Index : Yes / No
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C.V.KARTHIKEYAN,J.
smv
C.S.No.948 of 2003
23.03.2021
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1 issue framed by the court
Whether the suit for trademark infringement and passing off be allowed to proceed in the absence of the plaintiff's counsel.
M/s. Prime Plast
M/s. Prime Tele Extrusions Ltd.
M/s. Pandiyan Steels
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
