of 2000 IN THE HIGH COURT OF JUDICATURE AT…
Suit dismissed as withdrawn on plaintiff's endorsement; no costs.
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C.S. No.470 of 2000
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2024
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. No.470 of 2000
Apex Laboratories Pvt Ltd, No. 76. C.P Ramaswamy Road, Alwarpet. Chennai 600 018.
.... Plaintiff
vs
3- M/s Torque Pharmaceuticals Private Limited Corporate Office at C-83, Industrial Area, Phase 7, Mohali, Punjab - 160 055 Also of Kapital care Old No.257/1, New No.48/1, First Floor, Sydenham's Road, Apps Rao Gardens, Choolai, Chennai – 600 112. ... Defendants
PLAINT UNDER ORDER IV O.S. RULES AND UNDER ORDER VII
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C.S. No.470 of 2000
RULE 1 CPC READ WITH SECTIONS 105 &106 OF THE TRADE & MERCHANDISE MARKS ACT, 1958 praying for the following judgment and decree :-
a) granting a permanent injunction restraining the defendants abovenamed by themselves. their servants, agents or anyone claiming through them from in any manner infringing the Plaintiffs Registered Trade Mark ZINCOVIT by using the offending trade mark ZINCOA or any other mark ?r marks which are identical and similar to the plaintiff's registered trade mark ZINCOVIT
b) granting a permanent injunction restraining the defendants, their servants or agents or anyone claiming through them from in any manner passing off of their pharmaceutical products bearing the offending trade mark ZINCOA as and for the celebrated pharmaceutical products of the plaintiffs bearing the Registered Trade mark ZINCOVIT, either by manufacturing, selling or offering for sale or in any manner advertising the same.
c) Directing the defendants to surrender to the Plaintiffs the entire stock of unused offending cartons bearing the offending trade mark ZINCOA together with blocks and dyes for destruction.
d) directing the defendants to render a true and faithful account of the profits earned by the defendants through the sale of the pharmaceutical products sold under the offending trade mark ZINCOA and directing payment of such profits to the Plaintiffs for the passing off committed by the Defendants:
e) directing the Defendants to pay to the plaintiffs the costs of the suit and
f) pass such further or other orders as may be deemed fit and proper in the circumstances of the case
For Plaintiff : Mr.A.K.Rajaraman For Defendants : Mr.A.A. Mohan for D1
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C.S. No.470 of 2000
JUDGMENT
The learned counsel for the plaintiff seeks permission of this Court
to withdraw this suit. He has made an endorsement to that effect in the
Court bundle. Accordingly, the suit is dismissed as withdrawn. No
costs.
14.02.2024
Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2
ABDUL QUDDHOSE, J.
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C.S. No.470 of 2000
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C.S. No.470 of 2000
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2 provisions across 2 enactments
Apex Laboratories Pvt Ltd
Satyan Remedies Pvt Ltd
Ochoa Laboratories Pvt. Ltd.
M/s Torque Pharmaceuticals Private Limited
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
