THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.No.767 of 2009 M/s.Cholayil Pharmaceuticals Private Ltd., Represented by its Authorised Signatory .. Plaintiff Versus
1. M/s.Uniq India Marketing
2. M/s.Apurva Agency .. Defendants PRAYER : The Civil Suit filed Under Order IV Rule 1 of O.S. Rules read with Sections 27, 134 and 135 of the Trade Marks Act and Order VII Rule 1 of Civil Procedure Code praying for the following reliefs :
a. Granting a Permanent Injunction restraining the defendants its men, agents, servants, representatives, subsidiaries, sister concerns, holding company, assigns, investors, successors or any person claiming through them or under them from infringing the plaintiff's registered trademark MEDIMIX in any manner deceptively similar, closely resembling or identical or nearly identical to the trade mark of the plaintiff used for its soap;
b. Granting a Permanent Injunction restraining the Defendants, its men, agents, servants, representatives, subsidiaries, sister concerns, holding company, assigns, investors, successors or any person claiming through them or under them from manufacturing and marketing Soap under the trade mark “UNIMIX” and / or any other Trademark and / or Trade Name and / or labels and / or getup and / or layout and / or colour combination deceptively similar either phonetic or visual to the plaintiff's trademark “Medimix”;
c. For a Permanent Injunction restraining the Defendants, its men, agents, servants, representatives, subsidiaries, sister concerns, holding company, assigns, investors, successors or any person claiming through them or under them from passing off their soap as that of the Plaintiff's well known registered trademark MEDIMIX and / or similar marks by using the offending mark “UNIMIX” and / or any other mark which are similar to the well known trade mark of the Plaintiff either by manufacturing or selling or marketing or offering for sale or in any manner advertising the same;
d. Directing the defendants to surrender to the plaintiff or oath for destruction all products, pouches, labels, cartons, dies, printing blocks, stationery, invoices, drawings, engravings, brochures, product literature, seals, sales promotional material or other documents or material bearing the name UNIMIX and / or any other mark deceptively similar to the Plaintiff's well known registered trademark “Medimix”;
e. Pass a Preliminary Decree in favour of the Plaintiff directing the defendants to render true and complete accounts of all the transactions and profits made by the defendants through the sale and use of the soap named UNIMIX and a final decree be passed in favour of the plaintiff for the amount of profits found to have been made by the defendants after the latter have rendered accounts and
f. Costs of the Suit For Plaintiff : M/s.BFS Legal Mr.Akhil R. Bhansali For Defendants : 1 and 2 set Ex-parte *******
J U D G M E N T
The learned counsel for the plaintiff has made the following endorsement :-
“The plaintiff has become aware that the defendant has closed operation and the defendant does not exist any more. Therefore the plaintiff is withdrawing the suit”.
2. Recording the above endorsement, the suit is dismissed as withdrawn. No costs.
08.02.2017 Index:yes/no Internet:yes vsi2 C.V.KARTHIKEYAN, J.
vsi2 Judgment in C.S.No.767 of 2009 08.02.2017 http://www.judis.nic.in