Allowed

M/s Enmas Engineering Pvt. Ltd. and another v. Mr.Loknath Ratho and another

Madras HC3 Aug 2021OA/149/2021

Case brief

AI extract

What is this about?

The High Court at Madras granted interim injunctions restraining respondents from passing off products under the name ENMAS and infringing copyright in engineering drawings. The court found the respondents deceived the public by retaining the former company name despite a regulatory order to change it.

What did the court decide?

Interim injunction granted restraining respondents from passing off products as applicants' products and contacting applicants' customers to infringe trademark and copyright.

M/s Enmas Engineering Pvt. Ltd. and another Vs… — Intellectual Property | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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TUESDAY, THE 03^rd DAY OF AUGUST 2021

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THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

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O.A. Nos.149 and 150 of 2021

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in C.S. No.94 of 2021

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1.M/s Enmas Engineering Private Limited, “Guna Building Annexe”, 4^th Floor, No.443, Anna Salai, Teynampet, Chennai – 600 018 Rep. by one of its Director, Mr.Prasad Ellina.

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2.M/s Enmas Andritz Private Limited, “Guna Building Annexe”, 4^th Floor, No.443, Annasalai, Teynampet, Chennai 600 018, Rep. by its Managing Director, Mr.N.Soundarapandian. ... Applicants/Plaintiffs (in O.A. Nos.149 and 150 of 2021) -Versus-

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1.Mr.Loknath Ratho, S/o Krishna Chandra Ratho, “Pantheon Plaza”, First Floor, No.28-30 (Old No.484-485), Pantheon Road, Egmore, Chennai – 600 008.

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2.M/s Reotech Process Equipment (P) Ltd., (formerly M/s Enmas Pulp & Paper Projects (P) Ltd.,), “Pantheon Plaza”, First Floor, No.28-30 (Old No.484-485), Pantheon Road, Egmore, Chennai 600 008. https://hcservices.ecourts.gov.in/hcservices/ Rep. by its Managing Director, Mr.Lokanath Ratho. ... Respondents/Defendants (in O.A. Nos.149 and 150 of 2021)

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O.A. No.149 of 2021:-

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Original Application praying that this Hon'ble Court be pleased to

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grant an interim injunction restraining the Respondents, their directors, men, agents, successors-in-business, assigns, representatives or any other person claiming through them or under them from in any manner passing off or enabling others to pass off their products as and for the Applicants' products by use of the similar name ENMAS or any other mark, which is identical to and/or deceptively similar to applicants' mark and refrain the 1^st and 2^nd Respondents from contacting the customers of the Applicants for providing products, parts and fittings, by wrongfully associating themselves with the Applicants or in any other manner whatsoever, pending disposal of the suit.

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O.A.No.150 of 2021:-

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Original Application praying that this Hon'ble Court be pleased to grant an interim injunction restraining the Respondents, their directors, men, agents, successors-in-business, assigns, representatives or any other person claiming through them or under them from contacting the customers of the Applicants for providing products, parts and fittings in any manner infringing the applicants' copyright in the artistic work in the engineering drawings for its boilers and/or any products/parts by substantially reproducing the said artistic work either in 2-dimension or in 3-dimension https://hcservices.ecourts.gov.in/hcservices/ by manufacturing, selling offering for sale or dealing with parts and/or

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https://hcservices.ecourts.gov.in/hcservices/

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fittings based on or derived from the applicants' copyrighted engineering

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drawings in any other manner whatsoever, pending disposal of the suit;

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These original applications coming on this day before this court for hearing in the presence of Mr.Ram Kumar N, Advocate for the applicant in both the original applications, and M/s A.Smrithi, Advocate for the respondents in both the original applications, and upon reading the Judge's Summons and the common affidavit of Prasad Ellina and N.Soundarapandian filed in O.A. Nos.149 and 150 of 2021, and the plaint, it is ordered as follows:-

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That 1.Mr.Loknath Ratho, 2.M/s Reotech Process Equipment (P) Ltd., (formerly M/s Enmas Pulp & Paper Projects (P) Ltd.,), the respondents in O.A. Nos.149 and 150 of 2021 their directors, men, agents, successors-in-business, assigns, representatives or any other person claiming through them or under them be and are hereby restrained by an order of interim injunction till the disposal of the suit from (a) in any manner passing off or enabling others to pass off their products as and for the Applicants' products by use of the similar name ENMAS or any other mark, which is identical to and/or deceptively similar to applicants' mark and refrain the 1^st and 2^nd Respondents from contacting the customers of the

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Applicants for providing products, parts and fittings, by wrongfully https://hcservices.ecourts.gov.in/hcservices/ associating themselves with the Applicants or in any other manner

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whatsoever and (b) contacting the customers of the Applicants for

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providing products, parts and fittings in any manner infringing the applicants' copyright in the artistic work in the engineering drawings for its boilers and/or any products/parts by substantially reproducing the said artistic work either in 2-dimension or in 3-dimension by manufacturing, selling offering for sale or dealing with parts and/or fittings based on or derived from the applicants' copyrighted engineering drawings in any other manner whatsoever.

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 03^rd DAY OF AUGUST 2021.

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Sd/-

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ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy//

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.)

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From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

19.08.2021

O.A. Nos.149 and 150 of 2021 in

C.S. No.94 of 2021

ORDER

DATED : 03.08.2021

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN

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FOR APPROVAL: 19.08.2021

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APPROVED ON: 19.08.2021

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https://hcservices.ecourts.gov.in/hcservices/

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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TUESDAY, THE 03^rd DAY OF AUGUST 2021

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THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

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O.A. Nos.149 and 150 of 2021 in C.S. No.94 of 2021

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1.M/s Enmas Engineering Private Limited, “Guna Building Annexe”, 4^th Floor, No.443, Anna Salai, Teynampet, Chennai – 600 018 Rep. by one of its Director, Mr.Prasad Ellina.

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1.Mr.Loknath Ratho, S/o Krishna Chandra Ratho, “Pantheon Plaza”, First Floor, No.28-30 (Old No.484-485), Pantheon Road, Egmore, Chennai – 600 008.

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2.M/s Reotech Process Equipment (P) Ltd., (formerly M/s Enmas Pulp & Paper Projects (P) Ltd.,), “Pantheon Plaza”, First Floor, No.28-30 (Old No.484-485), Pantheon Road, Egmore, Chennai 600 008. Rep. by its Managing Director, https://hcservices.ecourts.gov.in/hcservices/ Mr.Lokanath Ratho. ... Respondents/Defendants (in O.A. Nos.149 and 150 of 2021)

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O.A. No.149 of 2021:-

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Original Application praying that this Hon'ble Court be pleased to

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O.A.No.150 of 2021:-

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Original Application praying that this Hon'ble Court be pleased to grant an interim injunction restraining the Respondents, their directors, men, agents, successors-in-business, assigns, representatives or any other person claiming through them or under them from contacting the customers of the Applicants for providing products, parts and fittings in any manner infringing the applicants' copyright in the artistic work in the engineering drawings for its boilers and/or any products/parts by substantially reproducing the said artistic work either in 2-dimension or in 3-dimension by manufacturing, selling offering for sale or dealing with parts and/or https://hcservices.ecourts.gov.in/hcservices/

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fittings based on or derived from the applicants' copyrighted engineering

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drawings in any other manner whatsoever, pending disposal of the suit;

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These Original Applications coming on this day before this court for

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hearing the court made the following order:-

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The suit is filed for permanent injunction restraining the defendant from infringing the trade mark ENMAS and the copy right over the engineering drawings for its boilers owned by the plaintiff. Along with the suit, these applications are filed for interim injunction for the prayer as stated above.

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2. The brief facts of the case is that the company is incorporated in the year 1985. It is in the business of providing engineering, design, manufacturing, supply, erection and commission of chemical recovery boilers etc., for pulp and paper mills.

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3. The applicants claim that they are the first in the said field and pioneer. The 1^st defendant was the former Managing Director of the applicants' company had started the 2^nd respondent company dealing with an identical trade and commerce of that of the applicants. The 2^nd respondent in order to exploit the mark and goodwill of the applicants' company had started the company as M/s.Enmas Pulp and Paper Projects Private Limited and got registered before the Registrars of Companies. Knowing about this,

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the applicants' company had approached the Registrars of Companies and https://hcservices.ecourts.gov.in/hcservices/ sought for de-registration of the name and to direct the respondents to

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https://hcservices.ecourts.gov.in/hcservices/

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change the name of the company.

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4. Considering the merits of the applicants' application, the Registrars of Companies vide its order dated 30.07.2020 had directed the 2^nd respondent to change the name within a period of three months. In compliance with the said order, the 2^nd respondent have changed their name as M/s.Reotech Process Equipment Private Limited. However it still retained the name of the ENMAS by indicating along with its new name that it was formerly known as M/s.Enmas Pulp & Paper Projects Private Limited.

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5. According to the applicants, by retaining the former name along with the new name, it is nothing but an act of deceit and also an attempt to circumvent the order passed by the Registrars of Companies. Hence the interim injunction is sought against the 2^nd respondent from anyway using the mark ENMAS.

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6. This Court caused notice to the respondents in these applications and the respondents also entered appearance. However, till date, they have not filed any counter. The facts of the case as narrated above clearly indicate that the 2^nd respondent with deceptive intention has used the word ENMAS for his company and despite the order of Registrars of Companies dated

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30.07.2020 to change the name, the respondents though have changed their https://hcservices.ecourts.gov.in/hcservices/ name, superfluously but had intentionally retaining the old name by saying

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https://hcservices.ecourts.gov.in/hcservices/

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that they are originally known as M/s.Enmas Pulp & Paper Projects Private

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Limited. This is a clear case of adopting the registered mark of the applicant

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knowingly to exploit the goodwill and reputation of the applicant. Hence, this Court is satisfied that the relief sought in these applications are to be allowed.

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7. Accordingly, these applications seeking interim injunction as

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prayed are allowed.

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Sd./-G.J.J. 03.08.2021

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//Certified to be true copy//

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Dated at Madras this the day of 2021.

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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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https://hcservices.ecourts.gov.in/hcservices/

M/s Enmas Engineering Pvt. Ltd. and another v. Mr.Loknath Ratho and another

Case brief

What is this about?

What did the court decide?

M/s Enmas Engineering Pvt. Ltd. and another v. Mr.Loknath Ratho and another

Case brief

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What did the court decide?

What the court decided

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