K.Suresh Prabhu v. S.Ramesh
Case brief
What is this about?
In a trademark passing-off suit filed by K.Suresh Prabhu against S.Ramesh, the High Court of Madras dismissed the suit for non-prosecution as the plaintiff failed to appear or make representation on the scheduled hearing dates.
What did the court decide?
Suit dismissed for non-prosecution; no costs awarded.
What the court decided
C.S. No.41 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 08.11.2023
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. No.41 of 2021
K.Suresh Prabhu
.. Plaintiff
/versus/
S.Ramesh .. Defendant
Prayer: Civil Suit has been filed under Order VII, Rule 1 of the Code of Civil Procedure and under Order IV Rule 1 of the Original Side Rules and under Section 7(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act, 2015 read with Sections 134 and 135 of the Trademarks Act 1999 prays for a judgment and decree:
a)granting permanent injunction restraining the Defendant, his men, servant, agents or any one claiming through or under him from in any manner passing off of his services as and that of the Plaintiff’s by using the offending Trade Mark
Issues for consideration
1 issue framed by the court
Whether the suit proceeding should be dismissed due to lack of representation by the plaintiff.
Coram
Abdul Quddhose
Case details
As recorded by the court registry
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