Suit over a news channel's video allegedly defaming the plaintiff's restaurant and infringing its trade mark 'THE KATI ROLL SHOP'. Defendants removed the video from YouTube and Instagram; the Court recorded their undertaking not to re-upload it and closed the suit with no costs.
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C.S.(Comm.Div) No.210 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-12-2024
CORAM
THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE
C.S.(Comm.Div) No.210 of 2024 and
O.A.No.803 of 2024, A.Nos.5497 & 5498 of 2024
Arnav Bajoria S/o.Late Sanjay Bajoria
Plaintiff
Vs
1.News Tamil 24 x 7, No.145, 1-A, Rukmani Lakshmipathi Road, Egmore, Chennai - 600 008.
2.YouTube, Google LLC, Unit No.26, the Executive Center, Level 8, DLF Centre, Sanad Marg, Connaught Place, New Delhi - 110 001.
Defendants
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 Section 135 of the Trade Marks Act, 1999, praying to grant a decree and judgment on the following prayers:-
a) A mandatory injunction directing the first defendant, their employees,
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C.S.(Comm.Div) No.210 of 2024
For Plaintiff:
Mr.Vijayan Subramanian
For Defendants:
Mr.K.Suresh Babu [D1] Mr.G.Balasubramanian [D2]
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C.S.(Comm.Div) No.210 of 2024
JUDGMENT
Learned counsel for the defendants, on instructions, submits
that they have stopped uploading the impugned video and they have also removed the same from the Instagram and YouTube channels.
undertaking given by the first defendant shall be recorded by this Court and the suit can be closed.
After recording the undertaking given by the learned counsel
for the first defendant and on instructions from the first defendant that the first defendant has already removed the impugned video from the Instagram and YouTube channels and in the future as well, the first defendant shall not upload the same, this suit is closed. No costs. Consequently, connected applications are closed.
18-12-2024
gm
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C.S.(Comm.Div) No.210 of 2024
ABDUL QUDDHOSE, J
gm
C.S.(Comm.Div) No.210 of 2024
18.12.2024
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3 provisions across 2 enactments
News Tamil 24 x 7
YouTube, Google LLC
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
