M/S Basheer Ahmed & Bros. v. M.Kamaldeen

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :18.11.2021 Coram:

THE HONOURABLE Mr.JUSTICE N.ANAND VEKATESH Civil Suit (Comm.Div.) No.686 of 2008 M/s.Basheer Ahmed & Bros.

B.B.B.Modern Rice Mill No.255, Main Road Vikravandi 605 652 Tamilnadu.

.. Plaintiff /versus/ 1.M.Kamaldeen Proprietor M/s.Ashika Traders # 28/39, Reddi Kuppam Road Vikravandi 605 652 Villupuram District Tamilnadu.

2.M/s.Nathan Traders No.200 K.H.Road Ayanavaram Chennai 600 023.

..Defendants Prayer: Civil Suit has been filed under Order IV, Rule 1 O.S.Rules and Order VII, Rule 1 of the C.P.C. Read with Section 27, 134 & 135 of the Trade Marks Act, 1999, praying to pass a judgment and decree for:- 1/4

(a) granting a permanent injunction restraining the defendants , their men, servants, agents or anyone claiming through or under them from in any manner infringing the plaintiff's registered Trame Mark "B.B.B" brand by using the offending Trande Mark "BBB" brand or any other mark or marks which are similar or in any way deceptively similar to or a colourable limitation of the plaintiff's Trade Mark "B.B.B" either by manufacturing or selling or offering for sale or in any manner advertising the same.

(b) granting permenent injunction restraining the defendants, their men, servants, agents or anyone claiming through or under them from in any manner passing of their products as that of the plaintiff's by using the offending Trade Made "BBB" brand as and for the products of the plaintiff's with the Trade Mark "B.B.B" or by using any ther Trade Mark which is similar or deceptively similar to that of the plaintiffs trade mark "B.B.B".

(c) directing the defendants to render a true and faithful accounts of the profits earned by them through the same of rice products bearing the offending trade mark "B.B.B" and directing payment of such profits to the plaintiff's by way of damages for infringement passing off committed by the defendants. (d) directing the defendants to surrender to the plaintiff's the entire stock of unused offendng goods with Trade Mark "BBB" brand together the labels, bill books, bags bearing the offending Trade mark for destruction.

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(e) directing the defendants to pay the plaintiff's the costs of the suit.

For Plaintiff :Mr.A.Prasanna Venkat For Defendants : Mr.S.Rajinikanth for D 1 Mr.S.V.K.Thambi for D 2 -----

J U D G M E N T

This suit is dismissed as withdrawn in terms of the endorsement made by the learned counsel for the plaintiff. There shall be no order as to costs. Consequently, the connected applications are closed.

18.11.2021 KP Internet: Yes Index : Yes/No N.ANAND VENKATESH,J.

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