Allowed

M.Anees Ahmed v. Sk 7 Star Ambur Briiyani India Private Limited and 4 Others

Madras HC10 Nov 2023C.S(COMM DIV)/266/2023

Case brief

AI extract

What is this about?

The plaintiff sued for permanent injunctions and costs regarding trademark infringement and passing off against multiple defendants. The parties reached an out-of-court settlement via a Joint Memorandum of Compromise dated 09.11.2023, which was approved by the court, resulting in the decree of the suit.

What did the court decide?

Suit decreed based on the Joint Memorandum of Compromise dated 09.11.2023; no costs awarded.

M.Anees Ahmed Vs Sk 7 Star Ambur Briiyani India Private… — Consumer Protection | Madras HC (2023)

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C.S. (Comm.Div.) No.266 of 2023, A. No.5861 of 2023 and O.A. Nos.934 and 935 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 10.11.2023

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CORAM

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THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

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C.S. (Comm.Div.) No.266 of 2023, A. No.5861 of 2023 and O.A. Nos.934 and 935 of 2023

M.Anees Ahmed

.. Plaintiff

/versus/

1.SK 7 Star Ambur Briyani India Private Limited

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2.Star Ambur Biryani, Poonamallee, Chennai.

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3.Star Ambur Biryani, Thiruverkadu, Chennai.

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4.Star Ambur Biryani, MGM Nagar, Chennai.

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5.Star Ambur Biryani, Tamil Nadu. .. Defendants

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Prayer: Civil Suit has been filed under Order VII Rule 1 of Code of Civil Procedure read with Order IV, Rule 1 of the High Court Original Side Rules and Sections 134 and 135 of the Trademarks Act, 1999 prays for judgment and decree:

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a)granting a permanent injunction restraining the defendants, their men, servants, agents or anyone claiming through or under them from in

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https://www.mhc.tn.gov.in/judis

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1/4

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C.S. (Comm.Div.) No.266 of 2023, A. No.5861 of 2023 and O.A. Nos.934 and 935 of 2023

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any manner infringing the plaintiff's trademark and trading style "AMBUR STAR BRIYANI" by using the offending Trademark and Trading style "STAR AMBUR BIRIYANI" or any other mark or marks which are similar or in anyway deceptively similar to or a colorable imitation of the plaintiffs Trademark "AMBUR STAR BRIYANI";

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B)granting a permanent injunction restraining the defendants, their men, servants, agents or anyone claiming through or under them from in any manner passing off the plaintiff Trademark and Trading style 'AMBUR STAR BRIYANI" by using the offending Trademark and Trading style "STAR AMBUR BIRIYANI" or any other mark or marks which are similar or in anyway deceptively similar to or a colorable imitation of the plaintiff's trademark "AMBUR STAR BRIYANI";

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c)directing the defendants to surrender the plaintiff the entire stock of unused offending goods with trademark "STAR AMBUR BIRIYANI" with name boards, labels, wrappers, boxes, covers, bags, packets, cartons, bills, advertisements, materials, reports, envelops, brochures, printing blocks, etc. bearing the offending trademark for destruction;

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

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For Plaintiff : Mr.Vijayan Subramanian For defendants : Mr.Ramasamy Meyappan

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J U D G M E N T

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Both the parties have arrived at an amicable settlement out of Court. They have filed a Joint Memorandum of Compromise dated

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https://www.mhc.tn.gov.in/judis

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C.S. (Comm.Div.) No.266 of 2023, A. No.5861 of 2023 and O.A. Nos.934 and 935 of 2023 09.11.2023, which has been duly signed by the respective parties and counter signed by the respective counsels.

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2.In terms of the Joint Memorandum of Compromise dated 09.11.2023, this suit is decreed. The Joint Memorandum of Compromise dated 09.11.2023 shall form part of the decree.

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3.The defendants are represented by Mr.Ramasamy Meyappan, learned counsel. While issuing the judgment and decree copy, the registry may incorporate his name as the counsel for the defendants. Consequently, connected Applications are closed. No costs.

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10.11.2023

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vga

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https://www.mhc.tn.gov.in/judis

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C.S. (Comm.Div.) No.266 of 2023, A. No.5861 of 2023 and O.A. Nos.934 and 935 of 2023

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ABDUL QUDDHOSE, J.

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vga

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C.S. (Comm.Div.) No.266 of 2023, A. No.5861 of 2023 and O.A. Nos.934 and 935 of 2023

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10.11.2023

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https://www.mhc.tn.gov.in/judis

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M.Anees Ahmed v. Sk 7 Star Ambur Briiyani India Private Limited and 4 Others

Case brief

What is this about?

What did the court decide?

M.Anees Ahmed v. Sk 7 Star Ambur Briiyani India Private Limited and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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