Madras High CourtOP(TM)/5/2023dismissed as withdrawal

Psyco Remedies Ltd v. Micro Labs Ltd

2024-11-21Honourable Mr Justice Abdul Quddhose4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.11.2024

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE PSYCO REMEDIES LTD., Village Latton Dana Ludhiana - Chandigarh Highway, Ludhiana - 141 113 (Punjab) .... Petitioner vs

1. Micro Labs Ltd., Having Office at No.27, Race Course Road, Bangaluru - 560 001. .... 1st respondent

2. The Registrar of Trademarks GST Road, Guindy, Chennai - 600 032. ..... 2nd respondent Prayer : Petition for rectification of trademark under Section 57 of Trademarks Act, 1999 read with Rule 6 of IPD Rules, 2022 to rectify the impugned Trade Mark No.1311461 in Class 05 from the 2nd respondent Registrar of Trade Marks and costs of the proceedings may be awarded in favour of the petitioner and against the 1st respondent / registered Proprietor.

For Petitioner : Mr.R. Sathish Kumar For Respondents : Mr.T. Saikrishnan for R1 Mr.A.R. Sakthivel, SPGSC for R2 1/4

ORDER

The learned counsel for the petitioner would submit that the parties have arrived at a settlement and as per the settlement terms, the contesting respondent has agreed to withdraw the suit pending on the file of Additional City Civil Court, Bengaluru in O.S. No.7801 of 2019. He has made an endorsement seeking permission of this Court to withdraw this petition on condition that the 1st respondent withdraws the suit viz., O.S. No.7801 of 2019 pending on the file of the Additional City Civil Court, Bengaluru.

2. The learned counsel for the 1st respondent on instructions has also submitted before this Court that the 1st respondent undertakes to withdraw the aforesaid suit.

3. Since the 1st respondent has agreed to withdraw the aforesaid suit viz., O.S. No.7801 of 2019 pending on the file of the Additional City Civil Court, Bengaluru, this O.P. is dismissed as withdrawn in terms of the said undertaking.

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4. Both the learned counsels also would submit on instructions that as per the settlement reached between the parties either of them have agreed that they will not take action against the other in respect of the subject trademarks.

21.11.2024 Index: Yes/ No Speaking order / Non speaking order vsi2 3/4

ABDUL QUDDHOSE, J.

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