Mohan Breweries And v. Appollo Distilleries Pvt.Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.11.2023

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.S. No.106 of 2016, O.A. No.113 of 2016 and A. Nos.1025 of 2016 and 6478 of 2018 Mohan Breweries and Distilleries Limited, represented by its Chief Financial Officer .. Plaintiff /versus/ 1.Appollo Distilleries Pvt. Ltd., represented by its Managing Director 2.Tamil Nadu State Marketing Corporation Limited, represented by its Director .. Defendants Prayer: Civil Suit has been filed under Order IV Rule 1 of the Madras Original Side Rules and Order VII, Rule 1 of the Code of Civil Procedure read with Sections 27, 28, 29 and 134 of the Trademarks Act, 1999 and Sections 51, 55 and 62 of the Copyright Act 1957 and Sections 11 and 22 of the Designs Act, 2000 to grant judgment and decree of: a)a permanent injunction restraining the first defendant by themselves or their men, servants, agents, promoters, representatives, stockists, retailers or anyone claiming through them from in any manner whatsoever infringing upon or using the plaintiff's bottle bearing the registered design which are further embossed with the plaintiff's said logo 1/4

and registered trademark;

b)a permanent injunction restraining the first defendant by themselves or their men, servants, agents, promoters, representatives, stockists, retailers or anyone claiming through them from in any manner whatsoever passing off their beer products as those of the plaintiff's; c)a preliminary decree be passed in favour of the plaintiff directing the first defendant to render account of profits made by infringing on the plaintiff's registered design and trademark and passing off their beer products as those of the plaintiff's and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the first defendant after the latter have rendered accounts; d)a direction to the first defendant to surrender on oath to the plaintiff for destruction of bottles bearing the plaintiff's registered design and trademark;

e)a direction to the second defendant to destroy or return back to the plaintiff the existing stock of bottles and not further sell any bottles bearing the plaintiff's registered design and trademark that are being unauthorisedly made available for sale by the first defendant; f)a direction directing the first defendant to pay a sum of Rs.2,00,00,000/- (Rupees Two Crores only) as damages for loss suffered by the plaintiff on account of the first defendant's acts of infringement of design, trademark and copyright committed by selling their product in the plaintiff's bottle bearing the registered design which are further embossed with the plaintiff's said logo and registered trademark; and g)costs of the suit.

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For Plaintiff : Mr.S.Aswinraj

J U D G M E N T

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, connected applications are closed. No costs. 29.11.2023 vga ABDUL QUDDHOSE, J.

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vga C.S. No.106 of 2016, O.A. No.113 of 2016 and A. Nos.1025 of 2016 and 6478 of 2018 29.11.2023 4/4