Partly allowed

Athenese-Dx (Pvt.) Ltd. v. Medonica Healthcare Private Limited and another

Madras HC17 Oct 2023C.S(COMM DIV)/4/2023

Case brief

AI extract

What is this about?

The Madras High Court granted a suit filed by a trade mark proprietor against defendants using deceptively similar packaging for rapid test kits. The court granted permanent injunctions and an order for accounts of profits but dismissed the claim for damages as it was not pressed by the plaintiff.

What did the court decide?

Permanent injunctions against trademark, passing off, and copyright infringement granted; surrender of infringing stock ordered; accounts of profits to be rendered; claim for damages dismissed as not

Athenese-Dx (Pvt.) Ltd. Vs Medonica Healthcare Private Limited and another — Madras HC (2023) — LawSathi Research

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C.S.(Comm. Div.)No.4 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.10.2023

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CORAM

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THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

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C.S.(Comm. Div.)No.4 of 2023 and O.A.No.17 of 2023

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Athenese-DX (Pvt.) Ltd., Module No.407 and 408, IV Floor, TICEL Bio Park - II, No.5, CSIR Road, Taramani, Chennai - 600 113.

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... Plaintiff

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Vs.

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1.Medonica Healthcare Private Limited, H.No.147, Maharishi Puram, Behind Amar Ujala Press, Agra, Uttar Pradesh - 282 007.

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2.Dhiraj Gupta

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... Defendants

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PRAYER: Plaint filed under Order VII Rule 1 of C.P.C. read with Section 7 Commercial Courts Act, 2015 read with Section 27, 29 and 134 of Trade Marks Act, 1999 read with Section 51 and 55 of Copyright Act, 1957 read with Order IV Rule I of Madras High Court Original Side Rules to pass a judgment and decree against the defendants on the following terms:

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*Exhibit* *No.*	*Nature of Documents*
P1	Printout of the certificate of Incorporation of the plaintiff company dated 24.02.2012.
P2	Printout of the fee rates given by Sai Sakthi Printers dated 31.08.2015
P3	Office copy of the purchase order issued by plaintiff to the Sai Sakthi Printers dated 12.10.2016.
P4	Printout of the certificate of Registration of Trademark of the plaintiff company under No.3266345 dated 30.03.2017.
P5	Printout of the certificate of Registration of Trademark of the plaintiff company under No.3266342 dated 16.02.2018.
P6	Printout of the certificate of registration of trademark (TRUSTline) of the plaintiff company under No.3266343 dated 13.05.2019.
P7	Printout of the certificate of registration of trademark of the plaintiff company under No.3266344 dated 30.05.2019.
P8	Original legal proceeding certificate issued by trademark registry dated 04.08.2022.
P9	Printout of the email from plaintiff to the 2nd defendant dated 03.02.2022.
P10	Screen shot of the Whatsapp.
P11	Screen shot of the Whatsapp.
P12	Office copy of the legal notice dated 22.09.2022 along with acknowledgment card and returned cover and also sent through email.

*Exhibit* *No.*	*Nature of Documents*
P13	Printout of the total sales turn over of the plaintiff's TRUSTline for the years 2017-18, 2018-19, 2019-20, 2020-21, 2021-22.
P14	Printout of the details of expenses for the year 2019-2020.
P15	Printout of the details of expenses for the year 2020-2021.
P16	Printout of the details of expenses for the year 2021-2022.
P17	Certified copy of the auditor's certificate on sales turnover and expenditure dated 13.10.2022.
P18	Printouts of the photograph-Trade of plaintiff's TRUSTline HCV Rapid test kit carton.
P19	Printouts of the photograph-Trade of defendant's onestep HCV Rapid test kit carton.
P20	Printout of the comparison of plaintiff and defendant's trade dress.
P21	Printout of screenshot from Central Drugs Standard Control Organization website.
P22	Original authorization letter dated 05.09.2022.
P23	Original TRUSTline Rapid test kit box and Trustline HCV Ab Rapid test of the plaintiff.
P24	Certified copy of the financial statement of plaintiff for the 5 years 31.03.2017 to 31.03.2022 balance sheet.
P25	Printout of the manufacture authorization given by CTK to the plaintiff dated 07.01.2022. (Since Ex.P25 seems to be photocopy, the learned counsel for the plaintiff has undertaken to produce the original authorisation given by CTK to the plaintiff dated 07.01.2022 at the time of arguments)

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