This court dismissed a suit filed by Flamagas S.A. against Ashok Bafna and Bafna Agencies seeking injunctions over copyright and trademark infringement of cigarette lighters, as the plaintiff sought permission to withdraw the suit.
Suit dismissed as withdrawn. No costs.
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C.S.No.859 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.10.2023
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. (Comm.Div.) No.859 of 2022
Flamagas S.A.
.. Plaintiff
/versus/
1.Ashok Bafna 2.Bafna Agencies
.. Defendants
Prayer: Civil Suit has been filed under Order VII, Rule 1 of the Code of Civil Procedure read with Order IV Rule 1 of Original Side Rules read with Section 11 and 22 of the Designs Act, 2000 prays for a judgment and decree to grant the following reliefs:
a)permanent injunction restraining the defendants by themselves, their proprietors/partners as the case may be, assigns, servants, agents, distributors, stockists, dealers, representatives or any of them from in any manner importing, selling, distributing, offering for sale, advertising, directly or indirectly dealing in BAIDE/TOYO cigarette lighters or any other cigarette lighters which are identical/similar to the plaintiff's CLIPPER cigarette lighters in shape, configuration, size and dimension, amounting to infringement of the plaintiff's copyright in the design of cigarette lighters registered under Nos.168870 and 176580, both in class
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3;
b)permanent injunction, restraining the defendants by themselves, their proprietors/partners as the case may be, assigns, servants, agents, distributors, stockists, dealers, representatives or any of them from in any manner importing, selling, distributing, offering for sale, advertising, directly or indirectly dealing in BAIDE/TOYO cigarette lighters which are identical or deceptively similar to the plaintiff's trademark CLIPPER lighter 3-dimensional drawing amounting to passing off or enabling others to pass off the defendants' BAIDE/TOYO cigarette lighters as and for plaintiff's CLIPPER cigarette lighters or in any other manner whatsoever;
c)order of rendering of accounts of profits earned by the defendants by distribution and sale of look alike BAIDE/TOYO cigarette lighters which are identical to that of the plaintiff's CLIPPER cigarette lighters design and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the defendants after the latter has rendered accounts;
d)order for delivery-up by the defendants of all BAIDE/TOYO cigarette lighters, packaging materials, cartons, labels, blocks, dyes, plates, moulds, advertising materials, screen prints, brochures and other materials bearing the design which are identical/similar to the plaintiff's CLIPPER lighters design in size, shape and configuration to the plaintiff or its authorised representatives for the purposes of destruction;
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e)order directing the defendants to pay to the plaintiff a sum of Rs.1,00,000/- as damages for import, sale, distribution of BAIDE/TOYO lighters.
For Plaintiff :Mr.R.Sathish Kumar
J U D G M E N T
Learned counsel for the plaintiff seeks permission of this Court to
withdraw this suit. He has also made an endorsement in the court bundle.
Accordingly, this suit is dismissed as withdrawn. No costs.
13.10.2023
vga
ABDUL QUDDHOSE, J.
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vga
C.S. No.859 of 2002
13.10.2023
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ABDUL QUDDHOSE
As recorded by the court registry
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