The Plaintiff filed a suit for trademark infringement and permanent injunction under the Trademarks Act, 1999. The Court granted a withdrawal prayer by the Plaintiff and dismissed the suit as withdrawn without costs.
The suit was dismissed as withdrawn. No 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.
C.S. No.211 of 2007
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.11.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. No.211 of 2007 and A. No.6076 of 2010
M/s. Devi Pesticides Private Limited, Represented by power of attorney holder Sankar M.V.
.... Plaintiff
Vs
ABHISHEK MISHRA (A Proprietorship Concern] trading as BIOPEST CHEMICALS 1 Floor, Goyal Market, 38 Warehouse Road, Indore 452 007 [M.P.].
... Defendant
Prayer : PLAINT PRESENTED UNDER ORDER VII RULE I OF CPC AND ORDER IV RULE I, OF O.S. RULES READ WITH SECTION, 27, 28, 29, 134 & 135 OF THE TRADE MARKS ACT, 1999 to grant a judgment and decree on the following terms :
i) Perpetual injunction restraining the Defendant by himself/themselves, their men, servants, agents, distributors, stockists, representatives, partners, directors or any of them from in any manner infringing the Plaintiff's registered Trademark BOOM PLUS by use of the Trademark BIO BOOM-N or any other mark similar to Plaintiff's registered Trademark or in any other manner whatsoever;
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ii) Perpetual injunction restraining the defendant by himself/themselves, their men, servants, agents, distributors, stockists, representatives, partners, directors or any of them from in any manner passing off and enabling others to pass off the Defendant's goods as and for the Plaintiff's goods by use of the Trademark BIO BOOM-N or any other mark deceptively similar to the Plaintiff's Trademarks BOOM PLUS and BOOM FLOWER-n in identical colour scheme, layout or in any other manner whatsoever;
iii) The Defendant be ordered to surrender to the Plaintiff for destruction all fertilizers/flowering stimulants/Growth promoters labels, dies, blocks, moulds, screen prints, advertisement and promotional materials, packing materials and any other materials bearing the trademark BIO BOOM-N or any other mark deceptively similar to the plaintiffs trademark BOOM PLUS and BOOM FLOWER-n;
iv) A Preliminary Decree be passed favouring the Plaintiff by directing the Defendant to render true account of profits made by the use of Trademark BIO BOOM-N and Final decree be passed in favour of the Plaintiffs for amount of profits said to have been made by the Defendant after they have rendered accounts and
v) For cost of the suit
For Plaintiff : Mr.M.R.Gokul Krishnan For Defendant : Mr.Pankaj V. Bandekar
JUDGEMENT
The learned counsel for the plaintiff has filed a Memo seeking
permission of this Court to withdraw the suit. The memo dated 09.11.2023 along with the enclosures is taken on record. In terms of the
Memo, this suit is dismissed as withdrawn. No costs. Consequently,
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connected application is closed.
09.11.2023
Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2
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ABDUL QUDDHOSE, J.
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09.11.2023
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Abdul Quintooquose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
