Madras High Court(T)OP(TM)/296/2023withdrawn dismissed

A.S.Nagabhushana Proprietor Of Shesha Matching Centre v. M/S.Shesha Matching Represented By Its Partner Smt.Jayashree

2024-07-16Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.07.2024

CORAM

THE HONOURABLE MR. JUSTICE P.B.BALAJI (T)OP(TM) Nos.296 & 297 of 2023 Mr.A.S.Nagabhushana, Proprietor of Shesha Matching Centre, No.61, D.V.G. Road, Basavangudi, Bangalore - 500 004.

... Petitioner in both OPs Vs 1.M/s.Shesha Matching, Represneted by its Patner, Smt.Jayashree.

2.Sri.A.N.Nagesh, S/o.A.S.Nagaraja Setty, 6/1.9th Cross, 4th Main, Malleshwaram, Bengaluru - 560 003.

3.Sri.A.N.Sheshang Gupta, S/o.A.S.Nagaraja Setty, 6/1.9th Cross, 4th Main, Malleshwaram, Bengaluru - 560 003.

4.The Deputy Registrar of Trademarks The office of Trademark Registry, IP Building, Industrial Area, G.S.T. Road, Guindy, Chennai 600 032.

... Respondents in both OPs 1/4

Common Prayer: This Petition came to be numbered by transfer of O.R.A.No.11/2019/TM/CHN & O.R.A.No.12/2019/TM/CHN from the file of the Intellectual Property Appellate Board, Chennai praying to allow the petitioner's Application and an entry relating to the Registered Trade Mark:SESHA (label) registered T.M.Nos.2144434 & 2144426 in Class 25 & Class 24, be expunged and removed with costs. For Petitioner : Ms.Swabhhi Tyagi in both OPs For Respondents : Mr.Sivaraman Vaidyanathan for R1- R3 in both Ops Mr.T.V.Krishnamachari, Senior Panel Counsel for R4 C O M M O N O R D E R These matters are listed today under the caption "for reporting settlement".

2. The learned counsel for the petitioner and the learned counsel for the respondents 1 to 3 are present. The parties have successfully arrived at compromise, terms of which have been reduced to writing by way of Settlement Agreement dated 08.07.2024. The said settlement agreement is placed before 2/4

this Court, signed by the petitioner and the respondents 1 to 3 and countersigned by their respective counsel.

3. The Joint Compromise Memo dated 08.07.2024, is taken on record and the same shall form part of the order. Accordingly, these Original Petitions are disposed off in terms of the said Joint Compromise Memo. There shall be no order as to costs.

16.07.2024 Index : Yes/No Speaking order rkp To The Deputy Registrar of Trademarks, The office of Trademark Registry, IP Building, Industrial Area, G.S.T. Road, Guindy, Chennai 600 032.

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P.B.BALAJI.J.

rkp (T)OP(TM) Nos.296 & 297 of 2023 16.07.2024 4/4