Dhanavilas Madras Snuff Company v. Ms Snuff Company

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 27TH DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.570 of 2022 in C.S.(Comm.Div.) No.20 of 2022 Dhanavilas Madras Snuff Company, A Partnership Firm, No.18, IV Street, Shastri Nagar, (Now Karunanidhi Nagar), Tondiarpet, Chennai - 600 081, Represented by its Partner K. Poongodi.

... Applicant/Plaintiff versus MS Snuff Company, Door No.59, Mugamadhiyapuram, Madurai Road, Dindigul - 624 001.

... Respondent/Defendant Application praying that this Hon'ble Court be pleased to permit the Applicant / Plaintiff to combine causes of action of infringement of registered Trademark, Copyright and passing off. This Application coming on this day before this court for hearing, the court made the following order:- At the hearing on 13.06.2022, after taking note of the affidavit of https://hcservices.ecourts.gov.in/hcservices/ service filed by the applicant, it was recorded that service on the respondent

had been completed. In spite of completion of service and printing the name of the respondent in the cause list, there is no representation for the respondent at today's hearing. Accordingly, the respondent is set ex parte in the above application.

2. A.No.570 of 2022 is filed for permission to combine the causes of action in respect of trademark and copyright infringement and passing off.

3. The suit is directed against a sole defendant in respect of trademark and copyright infringement and passing off. Since the plaintiff carries on business within the jurisdiction of this Court, this Court has jurisdiction under the relevant provisions of the Trade Marks Act, 1999 and the Copyright Act, 1957. As such, it is in the interest of justice to combine the causes of action against the sole defendant.

4. Therefore, A.No.570 of 2022 is allowed by permitting the applicant/plaintiff to combine the causes of action relating to infringement of trademark and copyright and passing off.

Sd./-SKRJ.

27/06/2022 //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. https://hcservices.ecourts.gov.in/hcservices/ EVK 05/07/2022