Madras High Court(T)OP(TM)/432/2023withdrawn dismissed

Lifestyle Equities C.V. v. Santa Barbara Polo And Racquet Club

2023-12-18Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (ORA/112/2020/TM/CHN) Lifestyle Equities C.V., Prins Bernharplein 200, 1097 J.B., Amsterdam, Netherlands.

... Petitioner -vs1. Santa Barbara Polo & Racquet Club, 3375, Foothill Road # 1200, Carpinteria, Ca 93103 USA.

2. The Registrar of Trade Marks, Trade Marks Registry, Chennai, Boudhik Sampada Bhawan, G.S.T.Road, Guindy, Chennai-600 032. ... Respondents PRAYER: Transfer Original Petition (Trade Marks) filed under Sections 47 and 57 of the Trade Marks Act, 1999, praying to the Hon'ble Court that the registered Trade Mark Registration No. 1644691 in Classes 9, 14, 18, 24 and 25 in favour of the 1st respondent be removed from the Register on the grounds mentioned in the 1/3

accompanying Statement of Case.

For Petitioner : Mr.M.Ravi Kiran for M/s.Mothilal & Goda For R1 : Mr.Thriyambak J.Kannan For R2 : Mr.R.Subramanian

ORDER

Learned counsel for the petitioner submits that he has been instructed to withdraw the petition in view of pending arbitral proceedings between the parties. A memo dated 18.12.2023 was filed for the said purpose. By taking note of the memo, (T)OP(TM)/432/2023 is dismissed as withdrawn without any order as to costs by granting leave to the petitioner to re-apply upon conclusion of the arbitral proceedings.

18.12.2023 Index : Yes / No Internet : Yes / No kj SENTHILKUMAR RAMAMOORTHY,J.

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