V.C. Dineesh Sole Proprietor Camera Scan v. Aby K George

(T)OP(TM)/445/2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (T)OP(TM)/445/2023 (ORA/149/2011/TM/CHN) V.C.Dinesh Sole Proprietor Camera Scan, 5/3410 F-5 Kairali Building, Mavoor Road Kozhikode-4, Kerala.

... Petitioner -vs1. Aby K.George IX/728-G YMCA buildings, MC Road Kottayam District-686 001 Kerala.

2.The Trademark Registry Intellectual Property Office Building IP building, GST Road Guindy, Chennai-600 032.

... Respondents PRAYER: Transfer Original Petition (Trade Marks) filed under Sections 47, 57 and 125 of the Trade Marks Act, 1999, praying to the Hon'ble Court that the entry in the Register relating to registration No.1507478 dated 24th November, 2006 in class 35 is wrongly made and is liable to be removed and expunged under the provisions of Section 57 of the Trademarks Act, 1999.

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(T)OP(TM)/445/2023 SENTHILKUMAR RAMAMOORTHY,J kj For Petitioner : M/s. Shivakumar and Suresh For R1 : Mr.R.Sathish Kumar For R2 : Mr.R.Subramanian, SPC

JUDGMENT

Learned counsel for the petitioner placed on record a memo of withdrawal dated 06.11.2023. He submits that the contesting parties reached a settlement under a joint compromise statement before the I Additional District Court, Kozhikode in O.S.No.2 of 2010. As per the settlement, he submits that the petitioner has agreed to withdraw this petition. By taking note of the memo of withdrawal, (T)OP(TM)/445/2023 is dismissed as withdrawn without any order as to costs.

06.11.2023 kj Index : Yes / No Internet : Yes / No (T)OP(TM)/445/2023 (ORA/149/2011/TM/CHN) 2/2 https://www.mhc.tn.gov.in/judis