Disposed

Mrf Limited v. M.S. Trading Co.

Madras HC7 Apr 2022CS/458/1996

Case brief

AI extract

What is this about?

The Court disposed of a civil suit filed by MRF Limited against defendants for trademark and copyright infringement. Finding that the defendants had stopped using the plaintiff's trademark, the Court dismissed the suit with liberty to file a fresh suit if infringement continues, and awarded no costs.

What did the court decide?

Suit disposed of with liberty to file a fresh suit in case of continued infringement; no costs awarded.

Mrf Limited Vs M.S. Trading Co. — Madras HC (2022) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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ORDINARY ORIGINAL CIVIL JURISDICTION)

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THURSDAY, THE 07th DAY OF APRIL 2022

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THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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C.S.No.458 of 1996

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MRF Limited 124, Greams Road, Madras - 600 006.

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... Plaintiff

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Vs.

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M.S.Trading Co. Babari Mandi, Aligarh - 202 001.

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Mohamed Suleiman Proprietor, M.S.Trading Co. Babari Mandi, Aligarh - 202 001.

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Gupta Lock & Hardware Agency, 113 A, Manohardas Katra, Calcutta - 7 ... Defendants

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Civil Suit praying that this Hon'ble Court be pleased to pass

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judgement and decree:-

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a) granting a permanent injunction restraining the defendants, by

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https://hcservices.ecourts.gov.in/hcservices/ themselves or through their servants, agents, representatives or any one

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claiming through them from reproducing, publishing, printing or causing to

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publish or using in any manner or in any material form on any goods, the impugned artistic work as shown in Document No.2 or any other artistic work which contains a reproduction of the whole or any portion of the plaintiff's MRF Connected Letter Device artistic work as displayed in Document No.1 and / or in any manner infringing the Copyright of the plaintiff in the artistic work as shown in Document No.1.

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b) granting a permanent injunction restraining the defendants and their servants, agents, representatives or any one claiming through them from manufacturing, selling, offering for sale or advertising for sale their Iron Aldrop Door Bolts and other goods, using in connection with the goods of the plaintiff's trademark MRF and / or the trade mark device shown in Document No.2 or any other trade mark, which is identical with or deceptively similar to the plaintiff's trade marks 'MRF' or the MRF Connected Letter Device trade mark (shown in Document No.1) and passing off or enabling others to pass off the defendant's goods as and for those of the plaintiff's.

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c) for mandatory injunction directing the defendants to surrender to

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the plaintiff, all representations in any material form and all their Door Bolts https://hcservices.ecourts.gov.in/hcservices/ and other goods, packaging materials, cartons, sales promotion material,

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

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advertising material and hoardings, letter heads, visiting cards, office stationery and all other materials containing / bearing the trade mark MRF and / or the trade mark / artistic work as shown in Document No.2 to the plaintiff for destruction.

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d) for a preliminary decree in favour of the plaintiff, directing the defendants to render an account of profits made by them by the use of the trade mark MRF and the trade mark / artistic work shown in Document No.2 on Door Bolts or on any of their goods or in any other manner and a final decree in favour of the plaintiff for the amount of the profit found to have been made by the defendants after the defendants have rendered accounts.

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e) directing the defendants to pay to the plaintiff the costs of the suit.

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This Civil Suit coming on this day before this court for hearing in the presence of Mr.C.Daniel, advocate for the Plaintiff herein and upon reading the plaint filed herein and the suit in C.S.No.458 of 1996 having been dismissed for non prosecution against the 3rd defendant vide order dated 15.10.1997, and the learned counsel for the plaintiff having submitted that the defendants have stopped using the plaintiff's trademark, and at present, they are not carrying on any business by using the plaintiff's trademark,

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

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It is ordered as follows:-

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That the suit in C.S.No.458 of 1996 be and is hereby disposed of

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with liberty to the plaintiff to file a fresh suit against the defendants in the

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event the defendants continue to infringe the plaintiff's trademark.

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That there shall be no costs of this suit.

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WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 07th DAY OF APRIL 2022.

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Sd./-

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ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy//

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Dated at Madras this the day of 2022.

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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/

07.06.2022

C.S. No.458 of 1996

ORDER

DATED : 07.04.2022

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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FOR APPROVAL: 07.06.2022

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APPROVED ON: 7.6.2022

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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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DATED : 07.04.2022

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CORAM

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THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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C.S.No.458 of 1996

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MRF Limited 124, Greams Road, Madras - 600 006. ... Plaintiff Vs.

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M.S.Trading Co. Babari Mandi, Aligarh - 202 001.

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Mohamed Suleiman Proprietor, M.S.Trading Co. Babari Mandi, Aligarh - 202 001.

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Gupta Lock & Hardware Agency, 113 A, Manohardas Katra, Calcutta - 7 ... Defendants

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Plaint filed under Order IV Rule 1 of O.S. Rules and Sections 27, 105

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& 106 of the Trade and Merchandise Marks Act, 1958 and Sections 55 & 62

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of the Copy Right Act 1957, praying for a judgment and decree as follows :

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a) granting a permanent injunction restraining the defendants, by

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

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themselves or through their servants, agents, representatives or any one

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claiming through them from reproducing, publishing, printing or causing to publish or using in any manner or in any material form on any goods, the impugned artistic work as shown in Document No.2 or any other artistic work which contains a reproduction of the whole or any portion of the plaintiff's MRF Connected Letter Device artistic work as displayed in Document No.1 and / or in any manner infringing the Copyright of the plaintiff in the artistic work as shown in Document No.1.

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c) for mandatory injunction directing the defendants to surrender to https://hcservices.ecourts.gov.in/hcservices/ the plaintiff, all representations in any material form and all their Door Bolts

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

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and other goods, packaging, materials, cartons, sales promotion material, advertising material and hoardings, letter heads, visiting cards, office stationery and all other materials containing / bearing the trade mark MRF and / or the trade mark / artistic work as shown in Document No.2 to the plaintiff for destruction.

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e) directing the defendants to pay to the plaintiff the costs of the suit.

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For Plaintiff : Mr.C.Daniel

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D1 & D2 - Unserved D3 - Dismissed for Non Prosecution on 15.10.1997

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JUDGMENT

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The learned counsel appearing for the plaintiff would submit that the defendants have stopped using the plaintiff's trademark, and at present, they https://hcservices.ecourts.gov.in/hcservices/

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are not carrying on any business by using the plaintiff's trademark.

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In view of the submission made by the learned counsel for the

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plaintiff, this Civil Suit is disposed of with liberty to the plaintiff to file a fresh suit against the defendants in the event the defendants continue to infringe the plaintiff's trademark. No costs.

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Sd./-V.B.S.J 07.04.2022 //Certified to be true copy// Dated at Madras this the day of 2022.

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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/

Mrf Limited v. M.S. Trading Co.

Case brief

What is this about?

What did the court decide?

Mrf Limited v. M.S. Trading Co.

Case brief

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