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Madras High CourtCS/15/2017dismissed as withdrawal

M/S.Kumudam Publications Pvt. v. J.Devaraj

2023-09-11Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023

CORAM

THE HONOURABLE MS.JUSTICE P.T. ASHA M/s Kumudam Publications Pvt. Ltd Rep. by its Chairman & Mining Director, Mr.P.Varadarajan New No.306 (Old 151) Purasawalkam High Road Chennai -10 ... Plaintiff Vs.

1.Mr.J.Devaraj 2.Chennai Offset Printers No.19/1, 21/2, Kitabath Khan Bhadur Street, Ellis Road, Chennai ...Defendants Prayer: Plaint has been filed under Order IV Rule 1 of Original Side Rules and Order VII Rule I and 26 of Civil Procedure Code and Sections 29, 30 and 135 of the Trade Marks Act to grant a judgement and decree on the following terms:-

A. Granting an order of permanent injunction restraining the defendants or their men, agent, staff or any person's claiming through or under them from infringing the plaintiffs Registered Trade Mark "KUMUDAM REPORTER" as registered bearing No 1184312 dated 20th March 2003 in class '16' issued on 14th July 2005 by the Registrar of Trade Mark under Section 23(2) r/w Rule 62(1) of Trade Mark Act 1999. B.

Granting an order of permanent injunction restraining the defendants or their men, agent, staff or any person/s claiming through or under them from passing off the mark MINNAL REPORT' or any Trade Mark/or Trading Style similar to the plaintiffs Registered Trade Mark "KUMUDAM REPORTER" as registered bearing No 1184312 dated 20th March 2003 in class '16' issued on 14th July 2005 by the Registrar of Trade Mark under Section 23(2) r/w Rule 62(1) of Trade Mark Act 1999. C.

D. To pay costs of this suit and

E. Grant such reliefs as this Hon'ble Court may deem fit under the circumstances of the case.

For Plaintiff : M/s.R.Amizhdhu For Defendants : Ex parte [D.1 and D.2] J U D G E M E N T 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 In view of the submission and endorsement made by the learned counsel for the Plaintiff, this Suit is dismissed as withdrawn. No costs. 11.09.2023 Index:Yes/No Speaking order/Non-speaking order shr

P.T. ASHA, J.

shr 11.09.2023