Maya Appliances Private Limited And 2 Others v. Vibrant Concepts And Designs And 2 Others

ABDUL QUDDHOSE,J.

1.Maya Appliances Pvt. Ltd having its registered office at 10/5 Royal Enclave Besant Avenue Adyar, Chennai-600 020 and having office at 3/140 IT Highway Oggiyam Thoraipakkam Chennai-600 097 represented by its Authorised Signatory Mr.E.Mohan 2.Vijay Srinivasan 3.N.D.Venkatesan .. Applicants vs 1.Vibrant Concepts and Designs having its shop at No.47/22, Medavakkam Tank Road Opp to ESI Hospital, Aynavaram, Chennai-600 012 2.Avinash Industries partnership firm represented by its Managing Partnership Annamalai Palaniappan, having office at No.925, Kelambakkam Vandalur Road Mambakkam, Chennai-600 048 3.Franke Faber India Private Limited having its registered office at 1/4

1086/1/2, Sanaswadi, Tal-Shirur Pune-412208

...Respondents

This suit has been filed for infringement of design as well as patent.

2. The brand VIDIEM has been patented by the 2nd plaintiff who has assigned the same in favour of the 1st plaintiff. The 1st plaintiff is dealing with home appliances and VIDIEM brand pertains to cooking stoves. The design for the said cooking stove is registered under the Designs Act in favour of the 2nd and 3rd plaintiffs. Both the patent as well as the design has been now assigned to the 1st plaintiff. The plaintiffs have filed the suit for infringement of design as well as patent. The products which are infringed are being sold in the 1st defendant shop at Chennai. The 2nd defendant is the manufacturer, who according to the plaintiffs are manufacturing cooking stoves which are designed similar to that of the plaintiffs brand VIDIEM. The 3rd defendant is the marketing agent of the 2nd defendant.

Both the 2nd and 3rd defendant are having its office outside the jurisdiction of this Court. The 1st plaintiff is having its office at Chennai and the 2nd and 3rd plaintiffs are also residing at Chennai. The 1st defendant is having its place of business at Chennai.

infringement of the patent as well as the design by the 1st defendant at Chennai, this application has been filed seeking leave to sue the defendants 2 and 3 before this Court.

3. This Court after giving due consideration to the contents of the affidavit filed in support of the application is inclined to grant leave to sue as prayed for. Accordingly, leave to sue the defendants 2 and 3 is granted as prayed for in this application. Registry is directed to number the suit, if it is otherwise in order.

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ABDUL QUDDHOSE,J.

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