C.S.No.141 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN

C.S.No.141 of 2021

and

O.A.Nos.216 and 217 of 2021

and

A.Nos.2542 and 2543 of 2021

1.G.Rajendran,

S/o.Shri Govindarajulu,

No.136, Usman Road,

T.Nagar, Chennai - 600 017.

2.GRT Jewellers (India) Private Limited,

Represented by its Managing Director

Mr.G.R.Ananthapadmanabhan,

No.136, Usman Road,

T.Nagar, Chennai - 600 017.

3.GRT Hotels & Resorts Private Limited,

Represented by its Director

Mr.G.R.Radhakrishnan,

No.39, North Usman Road,

T.Nagar, Chennai - 600 017.

... Plaintiffs

Vs

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C.S.No.141 of 2021

Mr.Bhaskarreddy Chillavarti,

Trading as M/s.Kanchipuram GRT Silks,

1320101/1, Kodandaram Nagar,

Saroor Nagar, Ranga Reddy,

Telagana - 500 060.

... Defendant

Prayer: This Civil Suit is filed under Order IV Rule 1 of the Madras High

Court Original Side Rules read with Order VII Rule 1 of the Code of Civil

Procedure, 1908 and read with Sections 27, 28, 29, 134 and 135 of the

Trade Marks Act, 1999 read with Sections 51, 55, 62 of the Indian

Copyright Act, 1957 read with Section 7 of the Commercial Courts Act,

2015 [Act No.4 of 2016], prayed for a Judgment and Decree:-

i) A Permanent Injunction restraining the defendant by

himself/themselves or by their proprietors, subsidiaries, affiliates,

franchises, officers, employees, personnel, servants, agents or any

person(s) claiming through them from in any manner infringing the

plaintiffs' registered Trade Mark "GRT"by use of Trade Mark

KANCHEEPURAM GRT SILKS or any other identical or similar Trade

Mark;

ii) A Perpetual Injunction restraining the defendant by

himself/themselves or by their proprietors, subsidiaries, affiliates,

franchises, officers, employees, personnel, servants, agents or any

person(s) claiming through them from in any manner infringing the

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C.S.No.141 of 2021

plaintiffs' Copyright over the artistic work, colour scheme, layout, get-up

and lettering style of their Trade Mark "GRT"by use of identical or

deceptively similar trade dress, colour scheme, artistic work, get-up and

placement of expression having the label "GRT"or any deceptively similar

label or in any other manner whatsoever;

iii) The defendant be ordered to surrender to the plaintiffs for

destruction of all name boards, packing materials, printer bills, cartons,

sachets, labels and other materials bearing the impugned mark along with

artwork and trade dress which is identical with and/or deceptively similar

to that of the plaintiffs' registered trade mark/label/package;

v) The defendant be ordered to prepare and submit an account

of profits made by them by the unlawful use of the Trade Mark label of

the plaintiffs and thereafter to pass a final decree upon ascertaining the

accounts, in favour of the plaintiffs and against the defendant.

vi) For the costs of the suit.

For Plaintiffs

: Mr.M.R.Gokul Krishnan

For Defendant

: Mr.R.Murali

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C.S.No.141 of 2021

JUDGMENT

The learned Counsel for the defendant has filed an affidavit

undertaking to challenge the name, which has any semblance of similarity

with the plaintiffs registered Trade Mark containing the word "GRT".

2. The affidavit filed by the defendant is taken on record and is

reproduced below:-

"1. I am the defendant herein and as such I

am well acquainted with the facts and circumstances of

the above case.

2. I submit that I have commenced a Textile

Business at Telangana State in the name and style of

M/s.Kanchipuram GRT Silks. Soon after my hard work,

I have established the textile business in three other

places.

3. While so in the year of 2020, the officer of

the plaintiffs has approached me to change the name of

my company. Initially, I was not aware of the trade

mark and its legalitie