Vedant Fashions Private Limited. v. Smt. Rajul Devi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

D A T E D : 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY ORA/239/2014/TM/CH & (T)OP(TM)151/2023 ORA/240/2014/TM/CH Vedant Fashions Private Limited, Having its registered office at:

Paridhan Garment Park, No.19, Canal South Road, SDF-1, 4th Floor, A501-A502, Kolkara-700 015.

... Petitioner in both petitions vs.

1. Rajul Devi trading as MANYAVAR No.21/22, Sharma Complex, 1st Floor, D.S.Lane, Chickpet, Bangalore-560 053.

2. The Registrar of Trademarks, Office of the Trade Marks Registry, IPR Building, GST Road, Guindy, Chennai-600 032.

... Respondents in both petitions PRAYER: Petitions for removal of Trade Mark from the Register or Rectification of the Register under Sections 47/57/125 of the Trade Marks Act, 1999, namely, praying to (i) Allow the present petitions for Rectification with costs; (ii) Order rectification of the Register by means of a 1/3

total exemption of the impugned Registered Trade Mark Nos.1765908 & 827364 from the Register forthwith, or order any other suitable rectification as may be deemed just, proper and conducive to public interest and for maintaining the purity of the Register; Award costs of the proceedings of the petitioner for Rectification; and (iv) pass such and further order(s) in favour of the petitioner for Rectification as the Hon'ble Court may deem fit and proper in the facts and circumstances of this case. For Petitioner : Mr.Thirayamback J. Kannan for M/s.Kaitan and Co.

For Respondents : Mr.P.V.Balasubramaniam for R1

ORDER

Mr.Thirayamback J. Kannan, learned counsel for the petitioner, submits that the dispute between the parties was resolved in terms of the agreement dated 01.04.2019. He has placed a copy of the said agreement before me.

2. By taking note of the same, both these petitions are closed as settled out of Court without any order as to costs.

15.06.2023 Index : Yes/No 2/3

SENTHILKUMAR RAMAMOORTHY, J kal ORA/239/2014/TM/CH & (T)OP(TM)151/2023 ORA/240/2014/TM/CH 15.06.2023 3/3