Vellore Institute Of v. M/S Victorian Institute Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2022

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Vellore Institute of Technology, A Trust registered under the Indian Trust Act, represented by its Managing Trustee Mr.G.Viswanathan Deemed University Vellore-632 014 Also having their Branch at Old No.W-73, new No.6, W.Block 2nd Street, Anna Nagar, Chennai-600 040 ... Plaintiff vs.

1. M/s.Victorian Institute of Technology, Level 14, 123, Queen Street, Melbourne, VIC 3000, Australia.

2. Madras Community College, No.2, Rosary Church Road, Santhome, Chennai-600 004.

3. The Promenade, Goubert Avenue, Near Gandhi Statue 1/5

Pondicherry.

Defendants PRAYER: Plaint filed under and Order IV Rule 1 of the Original Side Rules and under Order VII Rule 1 of the C.P.C.

unused letter heads and other materials containing the trade mark "VIT" together with its dyes, blocks etc.; (e) directing the defendant to pay the plaintiff the costs of the suit; and (f) further or other orders as may be deemed fit and proper in the circumstances of the case. For Plaintiff : M/s.A.Saravanan For Defendants : M/s.A.Ramesh kumar S.Dhanraj for D1 No appearance for D2 & D3 **********

J U D G M E N T

The suit was filed seeking relief in relation to the use of the mark VIT by the defendants in India.

2. The first defendant, which is the principal contesting party, filed an affidavit dated 19.08.2022. In the said affidavit, the defendant has undertaken as under:

"It is Humbly submitted that we undertake not to use the logo or design registered by the plaintiff"

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3. In effect, the first defendant has submitted itself to a judgment and decree in terms of clauses (a) and (b) of paragraph 12 of the plaint. On instructions, learned counsel for the plaintiff submits that the plaintiff relinquishes the reliefs prayed for in clauses © to (e) of paragraph 12 of the plaint. As regards the second and third defendants, it is stated that they were joined as proper but not necessary parties, and that the suit may be decreed against the first defendant.

4. In the result, C.S.No.657 of 2008 is partly decreed against the first defendant in terms of clauses (a) and (b) of paragraph 12 of the plaint by also recording that the plaintiff has no objection to the use of the logo depicted at paragraph 4 of the affidavit dated 19.08.2022 by the first defendant. The said affidavit shall form an integral part of the decree. In view of the resolution of the dispute in the manner aforesaid, there will be no order as to costs.

25.08.2022 Index : Yes / No Internet : Yes / No 4/5

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