M/S.Kaleesuwari Refinery Private Limited v. Nalabagam Healthy Living

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA C.S.(COMM.DIV).No.165 of 2023 and O.A.Nos.591 & 592 of 2023 M/s.Kaleesuwari Refinery Pvt. Ltd., Rep. by its Authorised Signatory, Mr.A.Saravanan No.53, Rajasekaran Street, Opp: Kalyani Hospital, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600004 ...Plaintiff Vs.

Nalabagam Healthy Living, 85, Sri Nagar, Koundampalayam Road, Koundampalayam, Coimbatore, Tamilnadu- 641030 ...Defendant PLAINT FILED UNDER ORDER IV RULE 1 OF OF THE O.S. RULES R/W ORDER VII RULE 1 OF C.P.C. RULES R/W SECTIONS 134 & 135 OF THE TRADE MARKS ACT, 1999, praying to grant a judgement and decree on the following terms:- 1/5

i. For a permanent injunction to restraining the Defendant, their men, agents, associates and /or assignees or any person claiming rights from them from infringing the Plaintiff's reputed and well known registered Trade Mark "DHEEPAM" by using the offending Trade Mark "PANCHA DEEPAM OIL" or any mark or word deceptively similar to the aforesaid Trade Mark of the Plaintiff's for any non edible oil marketed by the Defendant, their men, agents, associates and/ or assignees or any person claiming rights from the Defendant.

ii. For a permanent injunction to restraining the Defendant its men. agents, associates and /or assignees or any person claiming rights from therein from passing-off their interior product, as that of the Plaintiff's "DHEEPAM" lamp oil by using the offending words "PANCHA DEEPAM OIL" or any other words or mark and offending packing Material/Pouch/Bottles deceptively similar to the Plaintiff's trade mark "DHEEPAM" and Trade dress for "DHEEPAM".

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iii. For preliminary decree directing the Defendant to render true account of profits made by the Defendant by using the aforesaid offending mark/lable of "PANCHA DEEPAM OIL"

iv. For erasure, removal or obliteration from all infringing goods. materials or articles in the possession or control of the Defendant with the offending mark/lables and pouches deceptively similar to the Plaintiff's "DHEEPAM"

v. To pay for the costs of the suit, and vi. Pass such further or other orders as this Hon'ble court may deem fit and proper in the facts and circumstances of the case and thus render justice.

For Plaintiff : Mr.Irfan Nawaz Khan For Defendant : Not ready in notice.

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JUDGEMENT The learned counsel for the Plaintiff seeks permission of this Court to withdraw the suit and he has also made an endorsement to that effect.

2. In view of the submission and endorsement made by the learned counsel for the Plaintiff, this Suit is dismissed as withdrawn. Consequently, the connected applications are closed. No costs. 14.08.2023 Index : Yes/No Internet : Yes/No shr 4/5

P.T.ASHA , J.

shr C.S.(COMM.DIV).No.165 of 2023 and O.A.Nos.591 & 592 of 2023 14.08.2023 5/5