Vip City v. Vip City Developer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2023

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and O.A.No.393 of 2015 VIP CITY Represented by its sole proprietor, Mr.SCP. Dhanapal having its head office at 17B/1, Mahalinga Chetty Street, Mahalingapuram, Nungambakkam, Chennai - 600 034 ... Plaintiff Vs.

VIP CITY DEVELOPER Represented by Karthik, Having his office at DVDL Complex, 2nd floor, Junction Main Road, Salem - 5, Salem District.

... Defendant PRAYER: Plaint filed under Order VII Rule I of C.P.C. read with Order IV Rule 1 of High Court Original Side Rules and Section 134 and 135 of the Trademarks Act, 1999, seeking for the following reliefs: a) Granting a permanent injunction restraining the Defendant, their men, servants, agents or anyone claiming through or under them from in any manner passing off the Trademark as that of the plaintiff by using the offending Trade Mark and the trading style "VIP CITY" or by using any 1/3

other Trademark which is similar or deceptively similar to that of the Plaintiff's trade mark "VIP CITY".

b) Directing the Defendant erase the name boards which shows the business and layout name as VIP CITY and to surrender to Plaintiff the entire Strips, brochures, printing blocks etc., bearing the offending Trademark "VIP CITY".

c) for cost of the suit.

For Plaintiff :

Mr.Vijayan Subramanian

JUDGMENT

Learned counsel for the plaintiff seeks permission of this Court to withdraw this suit. He has also made an endorsement to that effect in the Court bundle. Accordingly, this suit is dismissed as withdrawn. Consequently, the connected application is closed. No Costs. 08.12.2023 Index : Yes/No Speaking Order : Yes / No ab 2/3

ABDUL QUDDHOSE. J., ab 08.12.2023 3/3