Dow International Technology v. Euro Ro

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2016

CORAM

THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA O.A.Nos.336 and 337 of 2013 in C.S. No.310 of 2013 1.

Dow International Technology Corporation, A company, incorporated under the laws of Delaware, USA and having its Office at 2030 Dow Center Midland, MI 48674 USA 2.

Filmtec Corporation, a company incorporated under the laws of USA having its principal place of business at 5230, W-73rd Street Minneapolis, MN 55435.

3.

Dow Chemical International Private Limited A company, registered under the Companies Act, 1956, having its registered office at I Floor, Block B, Gate 02, Godrej IT Part Godrej Business District Pirojshanagar L.B.S.Marg, Vikhroli (West) Mumbai 400 079.

.. Applicants in both O.As.

Vs 1.

Euro Ro No.29/31, Sivan Koil Street Villivakkam, Chennai 600 049 Through M.Partheeban 2.

Rani Agencies/Sun Ro 23, Anna Salai Opp.

Union Bank of India Tiruvannamalai, Tamil Nadu Through Mr.Raja 3.

Evergreen Marketing Opposite, Telephone Exchange 194, Gandhi Road Kallakurichi, Villupuram District Tamil Nadu, Through Mr.T.Rajkumar 4.

Uno Aqua Care No.25, Opposite to Chappani Koil Bus stop, South Veli Street, Madurai-1, Through Mr.Mohammad

PUSHPA SATHYANARAYANA, J.

vj2 5.

PRP Traders Gandhi Road, Arakkonam Vellore District, Tamil Nadu Through Mr.Prabhakaran 6.

Classis RO Water Systems 2, Vaikunda Perumal Mada Street Kancheepuram Tamil Nadu 631 502.

.. Respondents in both OAs.

Prayer: Applications filed under Order XIV Rule 8 of O.S. Rules and Order 39 Rules 1 and 2 r/w Section 151 of the Code of Civil Procedure seeking an order of interim injunction restraining the respondents from (i) using, in any manner whatsoever, the Dow Mark, the Dow diamond logo, the FilmTec mark and or any mark, which is identical and or deceptively similar thereto on the said goods or otherwise and (ii) selling counterfeit RO membranes or other products under the Dow mark, the Dow diamond logo and the Film Tech Mark thereby passing these off as goods of the applicants respectively, pending disposal of the suit. For Applicants : Mr.R.Senthil Kumar in both O.As.

For Respondents: Mr.C.Venkatesalu for R2 in both O.As.

Mr.N.Subramani for R3 COMMON ORDER The interim injunction already granted on 29.04.2013 is extended and is made absolute.

2. Accordingly, both these applications are closed. 04.11.2016 vj2 O.A.Nos.336 and 337 of 2013 in C.S. No.310 of 2013

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