In this civil suit filed by Eupharma Laboratories Ltd. against Brawn and Burk Pharmaceuticals Pvt. Ltd., the plaintiff was a wound-up company with no liquidator appearance. The court dismissed the suit for non-prosecution after the plaintiff's counsel reported lack of instructions.
Suit dismissed for non-prosecution.
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.
C.S. No.1012 of 1998
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.11.2023
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. No.1012 of 1998
Eupharma Laboratories Ltd.
.. Plaintiff
/versus/
Brawn and Burk Pharmaceuticals Pvt. Ltd. .. Defendant
Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original Side Rules and Order VII Rule 1 of Code of Civil Procedure read with Section 27, 105 and 106 of the Trade and Merchandise Marks Act 1958 and Section 55 and 62 of the Indian Copyright Act, 1957 prays for a judgment and decree:
a)granting a permanent injunction restraining the defendant, their men, servants, agents or anyone claiming through or under them from in any manner infringing the plaintiff's Trademark "MALOXINE" by using the offending Trademark "MALOXINE" or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the plaintiff's Trademark "MALOXINE" either by manufacturing or selling or exporting or offering for sale or in any manner advertising the same;
b)granting a permanent injunction restraining the defendant, their men, servants, agents or anyone claiming through or under them from in 1/4
C.S. No.1012 of 1998
any manner passing off their pharmaceutical products as that of the plaintiff's by using the offending Trademark "MALOXINE" as and for the celebrated pharmaceutical products of the plaintiff's with the Trademark "MALOXINE" either by manufacturing or selling or exporting or offering for sale or in any manner advertising the same;
c)granting a permanent injunction restraining the defendant, their men, servants, agents or anyone claiming through or under them from in any manner infringing the plaintiff's copyright over the artistic work in colour scheme, getup and layout in the plaintiff's MALOXINE cartons, by using the offending MALOXINE cartons with identical colour scheme getup or layout;
d)directing the defendant to render a true and faithful account of the profits earned by them through the sale of pharmaceutical products bearing the offending trademark and the trading style "MALOXINE" and directing payment of such profits to the plaintiff's by way of damages;
e)directing the defendant to surrender to the plaintiff the entire stock of unused offending goods with Trademark "MALOXINE" together with offending cartons blocks and dyes for destruction;
f)directing the defendant to pay the plaintiff's the costs of the suit.
For Plaintiff : Mr.Prasanna Venkat for Mr.A.Prabhakara Reddy
For defendant : Mr.M.V.Venkataseshan
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C.S. No.1012 of 1998
J U D G M E N T
Learned counsel for the plaintiff has reported no instructions in this
matter since the plaintiff Company has been wound up. The suit is of the year 1998. Till date, the Liquidator has not entered appearance on behalf of the plaintiff. Learned counsel for the defendant is present. Since the suit is a very old suit, it can now be inferred that the plaintiff is not interested in prosecuting the suit. Accordingly, this suit is dismissed for non prosecution. No costs.
21.11.2023
vga
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C.S. No.1012 of 1998
ABDUL QUDDHOSE, J.
vga
C.S. No.1012 of 1998
21.11.2023
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2 issues framed by the court
Whether a suit filed under trademark and copyright statutes should be dismissed when the plaintiff is a wound-up company with no representative appearing.
Whether the court can infer lack of interest in prosecuting a very old suit due to non-appearance by the plaintiff's liquidator.
5 provisions across 4 enactments
Eupharma Laboratories Ltd.
Brawn and Burk Pharmaceuticals Pvt. Ltd.
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
