P.M.Palani Mudaliar & Co.,a registered partnership firm v. Syed Ibrahim Son a partnership firm 1071/1

1IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :26.10.2010CORAMTHE HONOURABLE MS. JUSTICE R.MALAC.S.No.290 of 2007P.M.Palani Mudaliar & Co.,a registered partnership firm, rep.by its partner Mr.P.Pandian36,Coral Merchant Street, Mannady, Chennai 600 001.... PlaintiffVs1.Syed Ibrahim Son a partnership firm 1071/1, South East Alangam Street, Thanjavur 613 001. rep.by its partnership Mr.K.S.Syed Ibrahim 2.S.Shamsudeen... DefendantsPRAYER: Plaint under Order IV Rule 1 of O.S.Rules and OrderVII Rule 1 of C.P.C.read with Sections 27, 28, 29,134 & 135of the Trade Marks Act, 1999 and Sections 51, 55 & 62 of the Copyright Act 1957 praying for (a) permanent injunction restraining the defendants, by themselves, their partners, men, servants, agents representatives, successors in business, assigns, distributors, dealers, stockists, transporters or any one claiming through them from in any manner selling lungies using 145 numerals or any other numerals which are deceptively similar to the plaintiff's https://hcservices.ecourts.gov.in/hcservices/ 2144 numerals amounting to infringement of the plaintiff'sregistered trademark 144 numeral bearing No.593774 in class24 and (b) permanent injunction restraining the defendants, by themselves, their partners, men, servants, agents representatives, successors in business, assigns, distributors, dealers, stockists, transporters or any one claiming through them from in any manner infringing theplaintiff's hexagon frame and rectangular device registered under Nos.394013 and 593776 respectively in class 24 by use of identical or deceptively similar device, frame for their145 and DAMAM labels (c) permanent injunction restraining the defendants, by themselves, their partners, men, servants, agents representatives, successors in business, assigns, distributors, dealers, stockists, transporters or any one claiming through them from in any manner or in anyother manner selling or offering for sale or advertiselungies bearing the mark composite 145 label or any other mark deceptively similar to the plaintiff's composite 144label amounting to infringement of the plaintiff'sregistered trademark 144 label bearing No.497210 in class 24(d) permanent injunction restraining the defendants, by themselves, their partners, men, servants, agents representatives, successors in business, assigns, distributors, dealers, stockists, transporters or any one claiming through them from in any manner infringing theplaintiff's copyright in the artistic work 144 and ULAMAlabel by use of imitative/look-a-like145 and DAMAM label or any other label and from publishing /printing brochures, pamphlets, calenders, carry bags, wall posters or any other materials which are a substantial reproduction of and slavish imitation of plaintiff's artistic works 144 andULAMA label and their brochures, pamphlets, calendars, carry bags, wall posters in colour scheme, get up and layout design, essential features, arrangement of matters (e)permanent injunction restraining the defendants, by https://hcservices.ecourts.gov.in/hcservices/ 3themselves, their partners, men, servants, agents representatives, successors in business, assigns, distributors, dealers, stockists, transporters or any one claiming through them from in any manner passing off or enabling others to pass off their lungies as and for theplaintiff's lungies by use of the trademarks 145 numerals,145 label, rectangular device, hexagon frame, DAMAM label in similar colour scheme, get up and lay out to that of ULAMAlabel or any other trademarks/artistic works which are deceptively similar to plaintiff's trademarks and copyrighted artistic works in 144 and Ulama labels and by copying the essential features, placement of matters, colour combination, design, get up, lay out of the plaintiff'sbrochures/pamphlets, calendars, carry bags, wall posters andother sales promotional materials published for 144 andULAMA brand lungies (f) the defendants be ordered to surrender to the plaintiff all the infringing 145, labels, DAMAM labels, lungies affixed with 145 and DAMAM labels, brochures, leaflets, pamphlets, hand bills, hoardings, wall posters, calendars, carry bags, stationary item and such other sales promotional materials wherever the numeral 145,rectangular device, hexagon frame, colour scheme get up and layout to that of ULAMA label are being used for the purpose of destruction and (g) the defendants be ordered to pay to the plaintiff a sum of Rs.10,05,000/- as liquidated damages for committing continuous acts of violation of theplaintiff's trademarks and copyright in the artistic work in various manner so as to pass off their lungies as and for the plaintiff's lungies and for the costs.

For Plaintiff : Mr.A.Mohan https://hcservices.ecourts.gov.in/hcservices/ 4JUDGMENTHeard the learned counsel for the plaintiff. Perused P.W.1's oral evidence and Exs.P1 to P17, which were marked. The Claim made in the suit is proved. The suitis decreed as prayed for in the plaint. No costs. sd/.R.M.J 26.10.2010 //Certified to be a true copy//Dated this the day of 2016S.S/12.07.2016 COURT OFFICERFrom 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.