The Polo/Lauren Company L.P v. M/S Royal Classic Mills Pvt Ltd

2024:MHC:1855

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.04.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH (T)OP(TM) No.543 of 2023 The Polo/Lauren Company L.P 650, Madison Avenue New York, N.Y 10022, U.S.A ... Petitioner Vs 1.M/s Royal Classic Mills Private Limited 43, Jayalakshmi Ginning Factory Compound, Alangadu, Mangalam Road Tirupur-641 604.

2.Registrar of Trademarks Trademark Registry, Chennai Intellectual Property Building GST Road Guindy Chennai 600 032.

... Respondents Prayer:

This Petition came to be numbered by transfer of O.R.A.No.235/2012/TM/CHN from the file of the Intellectual Property Appellate Board, Chennai praying this Court to remove/rectify/expunge the 1/4

entry pertaining to impugned trademark CLUB LINE BY CLASSIC POLO (as alleged) registered under No.1236106 in class 25 from the Register. For Appellant : Mr.Somnath De for Mr.K.G.Bansal and Company For Respondent : Ms.T.Hemalath (for R1) Mr.J.Madanagopal Rao (for R2) Senior Panel Counsel

O R D E R

Memo is filed on behalf of the first respondent reading thus: 'As per Clause (j) of the settlement term between the Petitioner and 1st Respondent entered in Suit/TM No.14 of 2012 on the file of the Addl.District Judge, Saket District Court, New Delhi. The 1st Respondent has filed TM-P dated 22.04.2024 to cancel the Trademark Registration under No.1236106 in Class 25 for the Trademark CLUB LINE (label) and the copy of the TM-P filed before the Trademark Registry and current status of the Trademark are attached along with this memo. Therefore, kindly record the same and pass appropriate order as per the consent decree passed in Suit / TM No.14 of 2012 on the file of the Addl. District Judge, Saket District Court, New Delhi and thus render justice.'

2. With this, the object of the petition stands achieved and recording this, this petition is closed.

3. The Registrar of Trade Marks (R2) represented by Mr.J.Madanagopal 2/4

Rao, learned Senior Panel Counsel will do the needful in processing the application filed by R1 within six weeks from today. No costs. 23.04.2024 Index : Yes/No Speaking order vs To Registrar of Trademarks Trademark Registry, Chennai Intellectual Property Building GST Road Guindy Chennai 600 032.

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Dr.ANITA SUMANTH, J.

vs (T)OP(TM) No.543 of 2023 23.04.2024 4/4