Y.V.Seshachalam And Co. v. C.M.S. Son

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 17TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN C.S. No. 525 of 1999 Y.V. SESHACHALAM & CO., 133, Audiappa Street, Chennai 600 001 rep. by its Partner Harikrishna ... PLAINTIFF -VsC M S SON 130-A, East Masi Street, Madurai - 625 001 ...DEFENDANT Civil Suit praying that this Hon'ble Court be pleased to pass Judgment and decree:

a) granting permanent injunction restraining the defendant by itself, its servants or agents or anyone claiming through it from in any manner infringing the plaintiff's well established trade mark GOPURAM with the device of GOPURAM in a peculiar colour scheme and get up by using the offending trade mark MAHA GOPURAM together with the device of GOPURAM along with identical colour scheme and get up, or any other mark or marks which are in any way deceptively similar to or a colourable imitation of the plaintiff's well established trade mark GOPURAM together

with the device of GOPURAM in a peculiar colour scheme and get up, either by manufacturing, or selling or offering for sale or in any manner advertising the same;

b) granting permanent injunction restraining the defendant, its servants or agents or anyone claiming through it from in any manner infringing the plaintiff's copyright over the artistic work GOPURAM along with the device of GOPURAM in a peculiar colour scheme and get up by using the offending similar artistic work MAHA GOPURAM together with the device of GOPURAM along with identical colour scheme and get up, or any other artistic work or works which are similar to the plaintiff's copyright over the artistic work GOPURAM together with the device of GOPURAM; c) granting permanent injunction restraining the defendant by itself, its servants or agents or anyone claiming through it from in any manner passing off of its "turmeric powder" bearing the offending trade mark and the artistic work MAHA GOPURAM together with the device of GOPURAM with an identical colour scheme and get up as and for the plaintiff's celeberated "turmeric powder" bearing the well established artistic work GOPURAM together with the device of GOPURAM in a peculiar colour scheme and get up, either by manufacturing, selling or offering for sale or in any manner advertising the same; d) directing the defendant to surrender to the plaintiff the entire stock

of unused offending labels bearing the offending trade mark MAHA GOPURAM with the device of GOPURAM together with identical colour scheme and get up along with the blocks and dyes for destrucation; e) directing the defendants to render a true and faithful account of the profits earned by the defendant through the sale of the turmeric powder bearing the offending trade mark and the artistic work MAHA GOPURAM together with the device of GOPURAM and directing payment of such profits to the plaintiff for the passing off committed by the defendant; f) directing the defendant to pay to the plaintiff the costs of the suit. This Civil Suit coming on this day before this Court for hearing in the presence of Mr.Prasanna Venkat for M/s.

APR Associates, Advocates for the plaintiff herein and upon reading the plaint filed herein and the learned Counsel appearing for the plaintiff seeks permission to withdraw the suit with liberty to sue, if there is a fresh cause of action and this Court doth recording the said statement and it i s ordered as follows:- (i) That the suit in C.S. No.525 of 1999 be and is hereby dismissed as withdrawn.

(ii) That the plaintiff herein shall be at liberty to sue, if there is a fresh

cause of action.

(iii) 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 17TH DAY OF AUGUST 2021.

Sd/- ASSISTANT REGISTRAR(COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

ARS 24.11.2021 C.S. No.525 of 1999

ORDER

DATED : 17.08.2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN FOR APPROVAL: 27.12.2021 APPROVED ON : 10.01.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.525 of 1999 Y.V.Seshachalam & Co., 133, Audiappa Street, Chennai - 600 001 rep. By its Partner, Harikrishna ...Plaintiff Vs.

C M S Son, 130-A, East Masi Street, Madurai - 625 001.

...Defendant Prayer: Plaint filed under Order VII Rule 1 of C.P.C., and under Order IV Rule 1of the Original Side rules and Sections 105 & 106 of the Trade and Merchandise Marks Act, 1958 and under Sections 55, 56, 60 & 62 of the Copyright Act, praying as follows:- a) granting permanent injunction restraining the defendant by itself, its servants or agents or infringing the plaintiff's well established trade mark GOPURAM with the device of GOPURAM in a peculiar colour scheme and get up by using the offending trade mark MAHA GOPURAM together with

the device of GOPURAM along with identical colour scheme and get up, or any other mark or marks which are in any way deceptively similar to or a colourable imitation of the plaintiff's well established trade mark GOPURAM together with the device of GOPURAM in a peculiar colour scheme and get up, either by manufacturing, or selling or offering for sale or in any manner advertising the same;

b) granting permanent injunction restraining the defendant, its servants or agents or anyone claiming through it from in any manner infringing the plaintiff's copyright over the artistic work GOPURAM along with the device of GOPURAM in a peculiar colour scheme and get up by using the offending similar artistic work MAHA GOPURAM together with the device of GOPURAM along with identical colour scheme and get up, or any other artistic work or works which are similar to the plaintiff's copyright over the artistic work GOPURAM together with the device of GOPURAM; c) granting permanent injunction restraining the defendant by itself, its servants or agents or anyone claiming through it from in any manner passing off of its "turmeric powder" bearing the offending trade mark and the artistic work MAHA GOPURAM together with the device of GOPURAM with an identical colour scheme and get up as and for the plaintiff's celeberated "turmeric powder" bearing the well established artistic work GOPURAM in a peculiar colour scheme and get up, either by

manufacturing, selling or offering for sale or in any manner advertising the same;

d) directing the defendant to surrender to the plaintiff the entire stock of unused offending labels bearing the offending trade mark MAHA GOPURAM with the device of GOPURAM together with identical colour scheme and get up along with the blocks and dyes for destruction; e) directing the defendants to render a true and faithful account of the profits earned by the defendant through the sale of the turmeric powder bearing the offending trade mark and the artistic work MAHA GOPURAM together with the device of GOPURAM and directing payment of such profits to the plaintiff for the passing off committed by the defendant; f) directing the defendant to pay to the plaintiff the costs of the suit. For Plaintiff : Mr.Prasanna venkat for M/s.APR Associates

J U D G M E N T

Mr.Prasanna Venkat, learned counsel appearing for the plaintiff seeks permission to withdraw the suit with liberty to sue, if there is a fresh cause of action.

2.Recording the said statement, this suit is dismissed as withdrawn.

No costs. Liberty is reserved to the plaintiff to sue, if there is a fresh cause of action.

Sd/-R.S.M.J.

17.08.2021 List of witness and documents filed on the side of the plaintiff: Nil List of witness and documents filed on the side of the defendant: Nil Sd/-R.S.M.J.

17.08.2021 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.