Superfil Products Limited v. Sreema Nets

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2015

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE T.S.SIVAGNANAM O.S.A.No.177 of 2015 and M.P.No.1 of 2015 SUPERFIL PRODUCTS LIMITED, A public limited company, rep. by its Managing Director S.Narayan, having its registered office at No.672, Anna Salai, Temple Towers, 10th Floor, Nandanam, Chennai-600 035.

... Appellant Vs.

1.SREEMA NETS, rep. by its Partner/Proprietor, having his/its place of business at Kovithamvillai Road, Erumbukadu (P.O) Nagercoil-629 004, Kanyakumari District, Tamil Nadu, India.

2.SEAL NETS PRIVATE LIMITED, A private limited company, having its registered office at R.S.No.843/8, Kovithanvilai Road, Erumbukadu (P.O) Nagercoil-629 004, Kanyakumari District, Tamil Nadu, India.

... Respondents Appeal filed under Clause 15 of the Letters Patent read with Order XXXVI, Rule 9 of Original Side Rules against the order made in O.A.No.839 of 2014 in C.S.No.679 of 2014 dated 05.01.2015. O.A.NO.839 of 2014:Application praying this Court to pass an adinterim injunction restraining the respondents/defendants its proprietor/partners/directors all their principal officers staff men agents servants successors assigns in business representatives and any other person claiming any right through or under the respondents/defendants from in any manner infringing the

registered trademark of the applicant/plaintiff under trade mark registration Number 1353683 in Class 22 for the Trademark "Superline Fishing Lines"and Elephant Device Label, and thereby restraining them from using the devvice of two Elephants facing each or any other word/words/device that are identical or deceptively similar to the said registered Trademark of the applicant/Plaintiff in relation to the manufacture, packaging, distribution, sale, offering for sale, advertising on any of the Respondents/Defendants' products or from in any manner dealing with them in particular fishing line. For Appellant .. Mr.G.K.Muthukumar for M/s.GMS Law Associates For Respondents.. Mr.Ramesh Ganapathy for M/s.Mission Legal Advocates * * * * *

JUDGMENT

(Judgment of the Court was delivered by The Hon'ble Chief Justice) The suit from which the appeal arises itself has been compromised as per the Memo of Compromise and in terms of the Memo of Compromise, a decree has been passed today by this court.

2. In view aforesaid, the appeal has become infructuous and accordingly, disposed of. No costs. Consequently, M.P.No.1 of 2015 is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar bbr

Copy to:

The Sub Assistant Registrar Original Side, Madras High Court, Chennai.

+1 cc to Mission Legal Advocate sr.48483 O.S.A.No.177 of 2015 aa25/09/2015