C.S.No.888 of 2006

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 14.12.2023

Pronounced on : 21.12.2023

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

C.S.No.888 of 2006

M/s.KAS Zainulabdin & Company

A partnership firm represented by its Partner,

No.88, Angappan street,

Chennai – 600 001.

... Plaintiff

Vs.

M/s.KAS Bukhari & Company,

Represented by its partner

Mr.K.Mohideen Abdul Kader,

No.191(93), Angappan Street,

Chennai – 600 001.

... Defendant

Prayer: Civil Suit is filed under Order IV Rule 1 of O.S. Rules read with

Order VII Rule 1 CPC and Sections 134 and 135 of the Trade Marks Act,

1999, and Sections 55 and 62 of the Copyright Act, 1957, praying:-

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C.S.No.888 of 2006

(a) for permanent injunction restraining the Defendant above

named by themselves, their servants or agents or anyone claiming

through them from in any manner infringing the plaintiff's registered

trademarks label ''CHAND'' by using the offending trademark label

“CHAND” or any other trade mark or trade mark label which is in any

way identical or deceptively similar or colourable imitation of the

plaintiff's registered trademark label CHAND.

b) for permanent injunction restraining the defendant by

themselves, their servants or agents or anyone claiming through them

from in any manner passing of their textile goods, kerchief, lungies etc.

by using the offending trade mark label CHAND as and for the plaintiff's

registered trade marks label CHAND or any other label which is similar

or deceptively similar to that of the plaintiff's trademarks label

''CHAND'' either by manufacturing or selling or offering for sale or in

any manner advertising the same;

c) for permanent injunction restraining the defendant by

themselves, their servants or agents or anyone claiming through them

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C.S.No.888 of 2006

from in any manner infringing the plaintiff's copyright in the artistic

work over trademark label CHAND by using the offending trademark

label CHAND or any other label or labels which are in any way

deceptively similar to or a colourable imitation of the plaintiff's

copyrighted label CHAND;

d) for a direction to the defendant to surrender to the plaintiff's the

entire stock of unused offending label CHAND together with the blocks

and dyes, name boards, signboards etc. for destruction;

e) for a direction to the defendant to render a true and faithful

account of the profits earned by them through the sale of the offending

textile products, lungies bearing the offending trade mark label CHAND

and directing payment of such profits to the plaintiff; and

f) for a direction to the defendant to pay to the plaintiff the costs of

the suit.

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C.S.No.888 of 2006

For Plaintiff

: Mr.A.Prabhakara Redd

for M/s.APR Associates

For Defendant

: Ms.B.Maheswari

Jeevika K.A.

JUDGMENT

The suit has been filed for the alleged infringement of the

registered trademark “CHAND” (label mark) and for passing off. The

suit has also been filed for the alleged infringement of copyright and for

other consequential reliefs.

2. The plaintiff is in the business of manufacturing and marketing

textile goods under various trademarks. They claim that they were

established in the year 1910 and ever since their establishment, they are

carrying on the business in the same filed.

3. According to the plaintiff, they enjoy a huge reputation and

goodwill in respect of the products manufactured by them under various

trademarks. One such trademark is “CHAND”, which is the subject

matter of the dispute in this suit. According to the plaintiff, the

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C.S.No.888 of 2006

registered trademark “CHAND” has been designed artistically consisting

of special features, which is unique. After coming to know that the

defend