Allowed

P.C.Duraisamy v. M/S.Muthu Masala

Madras HC20 Aug 2024CS/546/2014

Case brief

AI extract

What is this about?

Civil suit for permanent injunction against trademark infringement and passing off. Plaintiff relinquished claims for account of profits and costs. Court granted permanent injunction restraining defendant from using offending label 'MUTHU' and directing surrender of infringing labels, incorporating an affidavit cancelling the defendant's mark.

What did the court decide?

Permanent injunction granted restraining defendant from using 'MUTHU' label; surrender of offending labels; no order as to costs.

P.C.Duraisamy Vs M/S.Muthu Masala — Intellectual Property | Madras HC (2024)

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C.S. No.546 of 2014

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 20.08.2024

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CORAM

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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C.S.No.546 of 2014

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1.P.C.Duraisamy

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2.Sakthi Masala (P) Ltd., No.6, Mamarathupalayam, Erode – 638 004. Rep. by its Director, D. Shanthi. ... Plaintiffs

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Versus

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M/s. Muthu Masala, No.41, “Nathan Building”m Mangalam Road, Karuvampalayam, Tirupur – 641 604.

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... Defendant

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PRAYER: Civil Suit plaint filed under Order IV Rule 1 of the O.S. Rules r/w Order VII Rule 1 of Civil Procedure Code, and Section 134 & 135 of the Trademarks Act, 1999 r/w Section 62 of the Copyright Act, 1956, prays for a Judgment and Decree:

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(a) Granting permanent injunction restraining the defendant by itself, its servant, agents or any one claiming through it from, in any manner,

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https://www.mhc.tn.gov.in/judis

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C.S. No.546 of 2014

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infringing the plaintiff's registered copyright label “SAKTHI” by using the offending label “MUTHU” or any other work or works which are in anyway deceptively similar to or a colourable imitation of the plaintiff's registered copyright lable “SAKTHI” either by manufacturing or selling or offering for sale or in any manner advertising the same;

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(b) Granting permanent injunction restraining the defendant by itself, its servant, agents or any one claiming through it from, in any manner, infringing the plaintiff's registered Trade Mark lable “SAKTHI” by using the offending trade mark label “MUTHU”or any other mark or marks which ware in way deceptively similar to or a colourable imitation of the plaintiff's registered Trade Mark “SAKTHI” either by manufacturing or selling or offering for sale or in any manner advertising the same;

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(c) Granting permanent injunction restraining the defendant by itself, its servant, agents or any one claiming through it from, in any manner, passing off of its products bearing the offending label “MUTHU” as and for that of the plaintiff's celebrated products bearing the registered trade mark and copyrighted artistic label “SAKTHI” either by manufacturing or selling or offering for sale or in any manner advertising the same;

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https://www.mhc.tn.gov.in/judis

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C.S. No.546 of 2014

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(d) Directing the defendants to surrender to the plaintiff the entire

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stock of unused offending labels bearing the offending label “MUTHU” along with the blocks and dyes for destruction;

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(e) Directing the defendant to render a true and faithful account of the profits earned by them through the sale of its products, including the products bearing the offending label “MUTHU”and direct payment of such profits to the plaintiff for the passing off committed by the defendant;

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(f) Directing the defendant to pay the plaintiff the cost of the suit.

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For Plaintiff : Mr.S. Diwakar

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For Defendants : Mr. R. Sathishkumar, for M/s. P.C.N.Raghupathy

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J U D G M E N T

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The suit was filed seeking injunctive relief, surrender of the allegedly infringing labels, and rendition of accounts along with a decree for profits. A rectification petition was also filed in O.P.(TM).No.6 of 2023.

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https://www.mhc.tn.gov.in/judis

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C.S. No.546 of 2014

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The defendant filed affidavit dated 19.03.2024 of M. Viswanathan,

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Partner. By taking note of such affidavit, O.P.(TM).No.6 of 2023 was disposed of and the trade mark of respondents 1 and 2 therein was directed to be cancelled by the Registrar of Trademarks.

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At the hearing today, learned counsel for the plaintiffs submits that the plaintiff is relinquishing the claims made in clauses (d) to (f) of the prayer in the plaint. In effect, he submits that suit may be disposed of by granting the reliefs claimed in clauses (a) to (c) of the prayer in the plaint.

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Therefore, the suit is disposed of by directing that a decree be

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drawn in terms of prayer clauses (a) to (c) of the plaint by making the affidavit dated 19.03.2024 as a part and parcel thereof. In the circumstances, there will be no order as to costs.

20.08.2024

klt

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https://www.mhc.tn.gov.in/judis

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C.S. No.546 of 2014

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SENTHILKUMAR RAMAMOORTHY,J

klt

C.S.No.546 of 2014

20.08.2024

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https://www.mhc.tn.gov.in/judis

P.C.Duraisamy v. M/S.Muthu Masala

Case brief

What is this about?

What did the court decide?

P.C.Duraisamy v. M/S.Muthu Masala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

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