IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.02.2017 CORAM THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN C.S.No.979 of 2010 & A.Nos.135 and 136 of 2011 Ashok Leyland Limited, 1,Sardar Patel Road, Guindy Chennai - 600 032.
rep.by its General Manager-Legal and Constituted Attorney Mr.S.Venkataraman ... Plaintiff
Vs.
1. Blue Hill Logistics Pvt.Ltd., 171,2nd floor, Nilgiri's Building, Brigade Road, Bengaluru-560 001
2. Dilip Chhabria Design Private Limited, Keytuo Industrial Compound, Kondivita Road, MIDC, Andheri (East), Mumbai ... Defendants PRAYER: This Civil Suit filed under Order IV Rule 1 O.S. Rules read with Order VII Rule 1 CPC, praying for the following reliefs:
(a) for a permanent injunction restraining the defendants by themselves, their partners/directors as the case may be, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, retailers,stockists or anyone claiming through them from in any manner infringing the plaintiff's registered trademark LUXURA by use of an almost identical and/or similar mark LUXURIA or its variants or any mark deceptively similar thereto and in any other manner whatsoever;
(b) for a permanent injunction restraining the defendants by themselves, their partners/directors as the case may be, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, retailers, stockists or any one claiming through them from in any manner passing off or enabling others to pass off their goods, services and business as and for the plaintiff's LUXURA buses, goods and business by use of the offending trademark LUXURIA for buses and bus services, automobile and commercial vehicles, as trade name, in websites, internet domain name, corporate films, e-publications, stationery and advertising materials or in any other manner whatsoever;
(c) The defendants be ordered to surrender to plaintiff for the purpose of destruction all materials including dyes, blocks, screen prints, cylinders, letter heads, visiting cards, tickets, materials offered to passengers such as blankets, pillows, hand towels, food packaging and such other materials bearing the trademark LUXURIA which is almost identical and/or similar to plaintiff's trademark LUXURA
(d) The defendants be ordered to render true and faithful accounts of profits earned by them on account of adoption and use of the trademark LUXURIA in relation to their buses and bus services and the plaintiff undertakes to pay actual court fees after the defendants rendered its accounts;
(e) The defendants be directed to pay to the plaintiff as compensatory and punitive damages a sum of Rs.1,00,00,000/- for the infringement activities and acts of passing off committed by them;
(c) For costs of the suit *** For Plaintiff : M/s.Subashri for Brinda Mohan For Defendants : M/s.Y.Kavitha JUDGMENT Learned counsel for the plaintiff seeks the permission of this Court to withdraw the Civil Suit and she has also made an endorsement to that effect.
"Since the defendant has stopped using the deceptively similar mark under dispute, the plaintiff may be permitted to withdraw the suit as not pressed with liberty to institute a fresh suit as and when the defendant resumes its infringement activities".
2. In view of the endorsement made by the learned counsel for the plaintiff, the Civil Suit is dismissed as withdrawn with liberty to institute a fresh suit as and when the defendant resumes its infringement activities. No costs. Consequently, A.Nos.135 and 136 of 2011 are closed.
14.02.2017 nvi C.V.KARTHIKEYAN,J., nvi C.S.No.979 of 2010 14.02.2017 http://www.judis.nic.in