This is a thin order disposing of a trademark infringement suit for non-prosecution. The plaintiffs failed to appear despite multiple opportunities and being listed on the cause list, resulting in the dismissal of C.S. No. 485 of 2012.
Suit dismissed for non-prosecution. No order as to costs.
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)
WEDNESDAY, THE 08TH DAY OF JUNE 2022
THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.No.485 of 2012
1.M/s.Madras City Properties.Com Private Limited Represented by its Managing Director Mr.Jayachandran No.16, Ground Floor, 1st Street, Poes Road, Teynampet, Chennai- 600 018 2.Mr.V.Jayachandran, Proprietor, M/s.Chennai City Property.Com S/o.P.Venkatesalu, No.16, Ground Floor, 1st Street, Poes Road, Teynampet, Chennai- 600 018
3.Mrs.J.Balica, W/o.V.Jayachandran, No.5, 1st Floor, 1st Street, Poes Road, Teynampet, Chennai- 600 018 ..Plaintiffs vs
1.M/s.City Club India Pvt.Ltd. Represented by its Managing Director Mr.K.Rajendran No.16, 1st Lane, Vijayaragava Road, T.Nagar, Chennai- 600 017 2.M/s.Chennai City Property.com Constitution not known No.34, G-1, Living Spring Apartment, https://hcservices.ecourts.gov.in/hcservices/ Circular Road, United India Colony, Kodambakkam, Chennai 600 024 ..Defendants
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Civil suit praying that this Hon'ble Court be pleased to pass a decree and judgment:
(a) For a permanent injunction restraining the defendants, its men, agents, servants or persons acting on its behalf or through or under them from infringing or enabling others to passing off the plaintiff's trademarks "MADRASCITYPROPERTIES.COM" and
"CHENNAICITYPROPERTIES.COM" or its variants or any other marks similar or deceptively similar to that of the plaintiffs trade mark by including them jointly or severally as adwords, keywords for internet search or meta tag in any manner, whatsoever, in its business;
(b) For a permanent injunction restraining the defendants, its men, agents, servants or persons acting on its behalf or through or under them from using the trademark 'CHENNAICITYPROPERTY' or its variants or any other mark similar or deceptively similar to that of the plaintiff by including them jointly or severally as adwords, keywords for internet search or meta tag in any manner whatsoever, in its business and thereby passing off the business and services as that of the plaintiffs;
(c) For a permanent injunction restraining the defendants, its men, agents, servants or persons acting on its behalf from using the domain name
'www.chennaicityproperties.co.in' or www.madrascityproperties.com and / https://hcservices.ecourts.gov.in/hcservices/ or any other domain name similar or deceptively similar to that the
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plaintiffs' domain names namely www.madrascityproperties.com and www.chennaicityproperties.com in the defendants advertising or promotion or business brochures or pamphlets and thereby passing off the business or services as that of the Applicant's in any manner whatsoever;
(d) Directing the Defendants to pay the sum of Rs.25,00,000/towards damages for the acts of passing off committed by the Defendants;
(e) A preliminary decree be passed in favour of the plaintiff directing the defendants to render a true and proper account of their respective total sales turnover achieved using the mark of the plaintiff, from the date on which each of the defendants started carrying out business using the name deceptively similar to that of the plaintiffs trademarks "MADRASCITYPROPERTIES.COM" and
"CHENNAICITYPROPERTIES.COM" on defendants' products and a final decree be passed in favour of the plaintiff awarding 3% of such sales turnover ascertained on accounting, towards Royalty;
(f) Directing the Defendants to pay costs of the suit.
This civil suit coming on this day before this Court for hearing and the plaintiff and the defendants herein having not appeared in person or
by advocate and upon reading the plaint filed herein and
it is ordered as follows:-
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That the suit in C.S.No.485 of 2012 be and is hereby dismissed
for non-prosecution.
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 08TH DAY OF JUNE 2022.
Sd./-
ASSISTANT REGISTRAR (O.S.I)
//Certified to be true copy// Dated at Madras this the day of 2022.
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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DL 10.06.2022
C.S.No.485 of 2012
ORDER:-
DATED : 08.06.2022
THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
FOR APPROVAL: 13.06.2022
APPROVED ON : 13.06.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.06.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.No.485 of 2012
1.M/s.Madras City Properties.com Private Limited Represented by its Managing Director Mr.Jayachandran No.16, Ground Floor, 1st Street, Poes Road, Teynampet, Chennai - 600 018.
2.Mr.V.Jayachandran, Proprietor M/s.Chennai City Property.com S/o.P.Venkatesalu, No.16, Ground Floor, 1st Street, Poes Road, Teynampet, Chennai - 600 018.
3.Mrs.J.Balica, W/o.V.Jayachandran No.5, 1st Floor, 1st Street, Poes Road, Teynampet, Chennai - 600 018.
... Plaintiffs
vs.
1.M/s.City Club India Pvt. Ltd., Represented by its Managing Director Mr.K.Rajendran https://hcservices.ecourts.gov.in/hcservices/ No.16, 1st Lane, Vijayaragava Road,
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T.Nagar, Chennai - 600 017.
2.M/s.Chennai City Property.com Constitution not known No.34, G-1, Living Spring Apartment, Circular Road, United India Colony, Kodambakkam, Chennai - 600 024. ... Defendants
PRAYER : Plaint filed under Sections 134 and 135 of the Indian
Trademark Act, 1999 Read With Order IV Rule 1 Original Side Rules and Order VII Rule 1 Civil Procedure Code, 1908 prayed for Judgment and Decree:-
(a) For a permanent injunction restraining the defendants, its men, agents, servants or persons acting on its behalf or through or under them from infringing or enabling others to passing off the plaintiff's trademarks "MADRASCITYPROPERTIES.COM" and
"CHENNAICITYPROPERTIES.COM" or its variants or any other marks similar or deceptively similar to that of the plaintiffs trade mark by including them jointly or severally as adwords, keywords for internet search or meta tag in any manner, whatsoever, in its business;
(b) For a permanent injunction restraining the defendants, its men, agents, servants or persons acting on its behalf or through or under them https://hcservices.ecourts.gov.in/hcservices/ from sing the trademark 'CHENNAICITYPROPERTY' or its variants or any
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other mark similar or deceptively similar to that of the plaintiff by including
them jointly or severally as adwords, keywords for internet search or meta tag in any manner whatsoever, in its business and thereby passing off the business and services as that of the plaintiffs;
(c) For a permanent injunction restraining the defendants, its men, agents, servants or persons acting on its behalf from using the domain name 'www.chennaicityproperties.co.in' or www.madrascityproperties.com and / or any other domain name similar deceptively similar to that the plaintiffs' domain names namely www.madrascityproperties.com and www.chennaicityproperties.com in the defendants advertising or promotion or business brochures or pamphlets and thereby passing off the business or services as that of the Applicant's in any manner whatsoever;
(d) Directing the Defendants to pay the sum of Rs.25,00,000/towards damages for the acts of passing off committed by the Defendants;
(e) A preliminary decree be passed in favour of the plaintiffs
directing the defendants to render a true and proper account of their respective total sales turnover achieved using the mark of the plaintiff, from the date on which each of the defendants started carrying out business using
the name deceptively similar to that of the plaintiffs trademarks "MADRASCITYPROPERTIES.COM" and
"CHENNAICITYPROPERTIES.COM" on defendants' products and a final
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decree be passed in favour of the plaintiff awarding 3% of such sales
turnover ascertained on accounting, towards Royalty;
(f) Directing the Defendants to pay costs of the suit.
For Plaintiffs : No Appearance
For Defendants : No Appearance **********
J U D G M E N T
At the hearing on 06.04.2022, a memo was filed by the learned
counsel for the plaintiffs to the effect that the counsel had no instructions from the plaintiffs. Therefore, the Registry was directed to print the names of the plaintiffs in the cause list instead of the names of the counsel. Inspite of printing the names of the plaintiffs in the cause list, there was no appearance for the plaintiffs on 20.04.2022. The matter was adjourned until today so as to provide a final opportunity to the plaintiffs. Once again, there is no representation for the plaintiffs today.
prosecution. There will be no order as to costs
Sd./-V.B.S.J. 29.04.2022
//Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
https://hcservices.ecourts.gov.in/hcservices/ From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
1 issue framed by the court
Whether a suit filed under Sections 134 and 135 of the Indian Trademark Act should be dismissed when the plaintiff fails to appear.
1 provisions across 1 enactments
M/s. Madras City Properties.Com Private Limited
Mr. V. Jayachandran
Mrs. J. Balica
M/s. City Club India Pvt Ltd.
M/s. Chennai City Property.com
Senthilkumar Ramamoorthy
Munishwar Nath Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
