A commercial division civil suit alleging infringement and passing off of the plaintiff's trade mark 'AMBUR STAR BRIYANI' by the defendant's 'ORIGINAL STAR BRIYANI'. Parties reached an amicable settlement recorded in a joint compromise memo dated 09.12.2024; the court took it on record and decreed the suit accordingly.
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C.S.(Comm.Div) No.162 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
C.S.(Comm.Div) No.162 of 2023
M.Anees Ahmed Proprietor of M/s.Ambur Star Briyani Having its office at No.116/1, Arcot Road, Vadapalani, Chennai - 600 026.
... Plaintiff
Vs
Original Star Briyani, No.5, New Govindapuram, M.C.Road, Ambur, Somalapuram, Tamil Nadu - 635 802. ... Defendant
Civil Suit filed under Order VII Rule 1 of the Code of Civil Procedure read with Order IV Rule 1 of High Court O.S.Rules and Section 134 and 135 of the Trade Marks Act, 1999, praying for judgment and decree:
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C.S.(Comm.Div) No.162 of 2023
STAR BRIYANI" by using the offending Trade Mark and Trading style "ORIGINAL STAR BRIYANI" or any other mark or marks which are similar or in any way deceptively similar to or a colorable imitation of the Plaintiffs Trade Mark "AMBUR STAR BRIYANI".
For Plaintiff : Mr.Vijayan Subramanian
For Defendant: Ms.Gladys Daniel for C.Daniel
ORDER
Both the parties have arrived at an amicable settlement. A Joint
Compromise Memo has been entered into on 09.12.2024 between the plaintiff and the defendant. The Joint Compromise Memo dated 09.12.2024 is taken on record. The Joint Compromise Memo dated 09.12.2024 has been signed by both the plaintiff and the defendant and also countersigned by the respective learned counsels.
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C.S.(Comm.Div) No.162 of 2023
In terms of the Joint Compromise Memo dated 09.12.2024, this
suit is decreed. The Joint Compromise Memo dated 09.12.2024 shall form
part of this judgment. No costs.
12.12.2024
gm
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C.S.(Comm.Div) No.162 of 2023
ABDUL QUDDHOSE, J
gm
C.S.(Comm.Div) No.162 of 2023
12.12.2024
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1 issue framed by the court
Whether the suit for injunction against use of the deceptively similar trade mark 'ORIGINAL STAR BRIYANI' could be settled and decreed per the joint compromise memo.
1 provisions across 1 enactments
M.Anees Ahmed Proprietor of M/s.Ambur Star Briyani
Original Star Briyani
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
