The High Court of Madras made an interim injunction against the respondent absolute. The court also forfeited the respondent's right to file a written statement.
The interim injunction was made absolute, and the defendant's right to file a written statement was forfeited.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 19th DAY OF JULY 2021
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
O.A. Nos.741 & 742 of 2020 in C.S. (Comm. Div.) No.396 of 2020
South India Surgical Company Limited, rep. by its Director, Mr.Vivek Bajaj, 117/65, Wallajah Road, Triplicane, Chennai-600 002, Tamil Nadu
... Applicant/Plaintiff (in O.A. Nos.741 & 742 of 2020)
-Versus-
Golden Sports & Surgical Industries, rep. by its Proprietor, Ms.Poonam Verma, WS 433, Basti Sheikh, Near Bada Gurudwara, Jalandhar-144 002, Punjab ... Respondent/Defendant (in O.A. Nos.741 & 742 of 2020)
O.A. No.741 of 2020:-
Original Application praying that this Hon'ble Court be pleased to
grant an Ad interim injunction restraining the Respondent, their proprietors, partners, directors, subsidiaries, affiliates, franchisees, officers, employees, personnel, servants, agents, representatives including wholesalers, distributors, stockists and anyone acting for or on their behalf from in any
https://hcservices.ecourts.gov.in/hcservices/ manner directly or indirectly using the trademark 'SISCO' and/or any mark
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identical or similar to the Applicant's mark 'SISCO' including but not limited to manufacture, marketing and/or sale of counterfeit products and/or rendering of services amounting to infringement of Applicant's registered Trademarks under Nos.302533 in Class 10, No.2607481 in Class 10 and No.2607482 in Class 35.
O.A. No.742 of 2020:-
Original Application praying that this Hon'ble Court be pleased to grant an Ad interim injunction restraining the Respondent, their proprietors, partners, directors, subsidiaries, affiliates, franchisees, officers, employees, personnel, servants, agents, representatives, including wholesalers, distributors, stockists and anyone acting for or on their behalf from in any manner directly or indirectly using the tradename and/or trademark 'SISCO' and/or any mark identical or similar to the Applicant's mark 'SISCO' including but not limited to manufacture, marketing and/or sale of counterfeit products and/or rendering of services amounting to passing off the Respondent's goods and services as that of the Applicant's.
These original applications coming on this day before this court for hearing in the presence of Mr.K.Premchandar, Advocate for the https://hcservices.ecourts.gov.in/hcservices/ applicant in both original applications and M/s. N.Devi, Advocate for the
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respondent in both original applications and upon reading the order herein
dated 05.07.2021, it is ordered as follows:-
That the order of interim injunction granted in pursuance of the order dated 22.12.2020 made in O.A. Nos.741 & 742 of 2020 restraining the respondent therein, their proprietors, partners, directors, subsidiaries, affiliates, franchisees, officers, employees, personnel, servants, agents, representatives including wholesalers, distributors, stockists and anyone acting for or on their behalf from in any manner (a) directly or indirectly using the trademark 'SISCO' and/or any mark identical or similar to the Applicant's mark 'SISCO' including but not limited to manufacture, marketing and/or sale of counterfeit products and/or rendering of services amounting to infringement of Applicant's registered Trademarks under Nos.302533 in Class 10, No.2607481 in Class 10 and No.2607482 in Class 35 and (b) directly or indirectly using the tradename and/or trademark 'SISCO' and/or any mark identical or similar to the Applicant's mark 'SISCO' including but not limited to manufacture, marketing and/or sale of counterfeit products and/or rendering of services amounting to passing off
the Respondent's goods and services as that of the Applicant's be and are hereby made absolute.
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for further proceedings.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 19TH DAY OF JULY 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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SK
27.07.2021
O.A. Nos.741 & 742 of 2020 in
C.S. No.396 of 2020
ORDER
DATED : 19.07.2021
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
FOR APPROVAL: 28/07/2021
APPROVED ON: 30/07/2021
1 provisions across 1 enactments
South India Surgical Company Limited
Golden Sports & Surgical Industries
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
