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Madras High CourtCS/799/1999dismissed for nonprosecution

K. Vasudeva Rao & Another v. The Woods Manor

2021-09-29Honourable Mr Justice R. Subramanian7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 29TH DAY OF SEPTEMBER 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN C.S.No.799 of 1999

1. K. Vasudeva Rao,

2. K.V. Geetha Rao, Trading as "Woodys"

177-178, Commercial Street, Bangalore - 560 001.

... Plaintiffs -VsThe Woods Manor, A Unit of Woody's Hotels (P) Ltd., Woodlands Junction M.G.Road, Ernakulam, Cochin - 682 011.

... Defendant Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree a) granting permanent injunction restraining the defendants by themselves, their servants or agents or anyone claiming through them from in any manner infringing the Plaintiff's registered trade mark letter "W" with the word WOODY'S and the trading style WOODY'S by using the letter "W" as their trade mark, the word WOODY'S as part of their trading style and in their E-mail address, or any other mark or marks which are in any way similar to the Plaintiff's well established trading style WOODY'S and the registered trade mark letter "W" with the word "WOODY'S";

b) granting permanent injunction restraining the defendants by themselves, their servants or agents or any one claiming through them from in any manner infringing the Plaintiff's copyrighted artistic work "W"with the word "WOODY'S" by using the offending artistic work "W" with the word WOODY'S or any other artistic work which are in any way deceptively similar to the Plaintiff's Copyrighted artistic work letter "W" and the word WOODY'S';

c) granting a permanent injunction restraining the defendants by themselves, their servants or agents or any one claiming through them from in any manner passing off of their business and food stuffs under the offending trade mark and trading style WOODY'S along with the letter "W" as and for the Plaintiff's well established food stuffs sold under the trade mark and the trading style "WOODY'S" and the letter "W", either by manufacturing or selling or offering for sale or using the same in their Email address or in any manner advertising the same; d) directing the defendant to render a true and faithful account of the profits earned by it under the trade mark, trading style and the artistic work letter "W" and the word "WOODY'S" 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 Plaintiff's the costs of the suit.

This Civil Suit coming on this day before this court for hearing in the presence of Mr.S.Diwakar for M/s. TMT Law Practice, Advocate for the Plaintiffs herein and Mr.Avinash Wadhvani for Mr.V.Raghavachari, Advocate for the defendant herein and upon reading the plaint filed herein and the learned counsel for the plaintiffs having submitted that despite his efforts he is unable to contact the plaintiffs and this court doth recording said statement and it is ordered as follows:- That the suit CS No.799 of 1999 be and is hereby dismissed for non-prosecution,

2. That the connected applications if any, do stand closed.

3. That there shall be no costs in this suit. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 29TH DAY OF SEPTEMBER 2021.

Sd/- ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

ED 27.10.2021 CS.No.799 of 1999 ORDER:

DATED : 29/09/2021 THE HON'BLE MR. JUSTICE R. SUBRAMANIAN FOR APPROVAL: 02/11/2021 APPROVED ON : 16/11/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.799 of 1999 1.K.Vasudeva Rao 2.K.V.Geetha Rao, Trading as "Woodys"

177-178, Commercial Street, Bangalore - 560 001.

...Plaintiffs Vs.

The Woods Manor, A Unit of Woody's Hotels (P) Ltd., Woodlands Junction, M.G.Road, Ernakulam, Cochin - 682 011.

...Defendant Prayer: Plaint filed under Order IV Rule 1 of the Original Side rules and under Order VII Rule 1 of C.P.C., and Section 105 & 106 of the Trade & Merchandise Marks Act, 1958 and under Sections 55, 56, 60 & 62 of the Copyright Act, praying as follows:- a) granting permanent injunction restraining the defendants by themselves, their servants or agents or anyone claiming through them from in any manner infringing the Plaintiff's registered trade mark letter "W" with the word WOODY'S and the trading style WOODY'S by using the letter "W" as their trade mark, the word WOODY'S as part of their trading style and in their E-mail address, or any other mark or marks which are in any way similar to the Plaintiff's well established trading style WOODY'S and the registered trade mark letter "W" with the word "WOODY'S"; b)granting permanent injunction restraining the defendants by

themselves, their servants or agents or any one claiming through them in any manner infringing the Plaintiff's copyrighted artistic work "W"with the word "WOODY'S" by using the offending artistic work "W" with the word WOODY'S or any other artistic work which are in any way deceptively similar to the Plaintiff's Copyrighted artistic work letter "W" and the word WOODY'S';

c) granting a permanent injunction restraining the defendants by themselves, their servants or agents or any one claiming through them from in any manner passing off of their business and food stuffs under the offending trade mark and trading style WOODY'S along with the letter "W" as and for the Plaintiff's well established food stuffs sold under the trade mark and the trading style "WOODY'S" and the letter "W", either by manufacturing or selling or offering for sale or using the same in their Email address or in any manner advertising the same; d) directing the defendant to render a true and faithful account of the profits earned by it under the trade mark, trading style and the artistic work letter "W" and the word "WOODY'S" 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 Plaintiff's the costs of the suit.

For Plaintiffs : Mr.S.Diwakar for M/s.TMT Law Practice For Defendant : Mr.Avinash Wadhvani for Mr.V.Raghavachari

J U D G M E N T

Mr.S.Diwakar, learned counsel appearing for the plaintiffs would submit that despite his efforts, he is unable to contact the plaintiffs. 2.Recording the said statement, this suit is dismissed for nonprosecution. No costs. Consequently, connected applications, if any, are closed.

List of witness and documents filed on the side of the plaintiffs: Nil List of witness and documents filed on the side of the defendant: Nil Sd./- R.S.M.J.

29.09.2021 //Certified to be true copy// Dated at Madras this the day of 2021.

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.