w w w . L a w y e r S e r v i c e s . i n



ITC Limited, Chennai, Rep. by its Constituted Attorney, V.M. Rajasekharan v/s Shree Devi Match Industries, Gudiyattam & Others


Company & Directors' Information:- ITC LIMITED [Active] CIN = L16005WB1910PLC001985

Company & Directors' Information:- T T G INDUSTRIES LIMITED [Active] CIN = U27209TN1987PLC014169

Company & Directors' Information:- V I P INDUSTRIES LIMITED [Active] CIN = L25200MH1968PLC013914

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U14100DL1996PLC129067

Company & Directors' Information:- S R K INDUSTRIES LIMITED [Active] CIN = L17121MH1991PLC257750

Company & Directors' Information:- S R INDUSTRIES LTD [Active] CIN = L29246PB1989PLC009531

Company & Directors' Information:- F E INDUSTRIES PRIVATE LIMITED [Active] CIN = U36100PB2003PTC026482

Company & Directors' Information:- N K INDUSTRIES LIMITED [Active] CIN = L91110GJ1987PLC009905

Company & Directors' Information:- T S I INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U18101HR1997PTC034478

Company & Directors' Information:- B L A INDUSTRIES PRIVATE LIMITED. [Active] CIN = U10200MH1964PTC162314

Company & Directors' Information:- DEVI CORPORATION PRIVATE LIMITED [Active] CIN = U16000AP2011PTC076133

Company & Directors' Information:- H G I INDUSTRIES LIMITED [Active] CIN = L40200WB1944PLC011754

Company & Directors' Information:- R P INDUSTRIES PRIVATE LIMITED [Active] CIN = U27100GJ2011PTC075812

Company & Directors' Information:- D D INDUSTRIES LIMITED [Active] CIN = U74899DL1974PLC007169

Company & Directors' Information:- A G INDUSTRIES PVT LTD [Active] CIN = U27300HR1991PTC031378

Company & Directors' Information:- H. J. INDUSTRIES (INDIA) PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC060769

Company & Directors' Information:- G R S INDUSTRIES LIMITED [Active] CIN = U00000PB2005PLC029159

Company & Directors' Information:- T S L INDUSTRIES LIMITED [Active] CIN = L65999WB1994PLC065255

Company & Directors' Information:- M F B INDUSTRIES LIMITED [Active] CIN = U31401TN1989PLC018274

Company & Directors' Information:- A C M E INDUSTRIES LIMITED [Dormant under section 455] CIN = U19119DL1992PLC048914

Company & Directors' Information:- V S P INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011820

Company & Directors' Information:- M N INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100TG2012PTC079737

Company & Directors' Information:- G I INDUSTRIES PRIVATE LIMITED [Active] CIN = U15312PB2010PTC033806

Company & Directors' Information:- E T C INDUSTRIES LIMITED [Active] CIN = U31200MP1995PLC009281

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Active] CIN = U74899DL1991PTC045572

Company & Directors' Information:- S R V E INDUSTRIES LIMITED [Active] CIN = U03210TZ2006PLC012577

Company & Directors' Information:- Z H INDUSTRIES PRIVATE LIMITED [Active] CIN = U45200DL2014PTC265453

Company & Directors' Information:- P AND P INDUSTRIES LIMITED [Strike Off] CIN = U21010MH1992PLC068885

Company & Directors' Information:- N G INDUSTRIES LTD [Active] CIN = L74140WB1994PLC065937

Company & Directors' Information:- S L INDUSTRIES P. LTD. [Active] CIN = U15331WB1989PTC047543

Company & Directors' Information:- SHREE INDUSTRIES LIMITED [Active] CIN = L74210DL1985PLC019851

Company & Directors' Information:- AMP INDUSTRIES LIMITED [Active] CIN = L51909AS1985PLC002332

Company & Directors' Information:- T R A T INDUSTRIES LIMITED [Active] CIN = U25199KL1996PLC010148

Company & Directors' Information:- B R INDUSTRIES LIMITED [Active] CIN = U74899DL1995PLC067120

Company & Directors' Information:- N M INDUSTRIES PRIVATE LIMITED [Active] CIN = U74120DL2008PTC175664

Company & Directors' Information:- N R C INDUSTRIES LIMITED [Active] CIN = U51909PB1985PLC006558

Company & Directors' Information:- S N L INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U17115RJ1994PTC008053

Company & Directors' Information:- J V INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057081

Company & Directors' Information:- A R INDUSTRIES PVT LTD [Active] CIN = U27101HR1995PTC032569

Company & Directors' Information:- D V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049221

Company & Directors' Information:- C D INDUSTRIES LIMITED [Active] CIN = U27100MH1996PLC101277

Company & Directors' Information:- G V INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U74900TG2014PTC096387

Company & Directors' Information:- G S M INDUSTRIES PRIVATE LIMITED [Active] CIN = U02001DL2002PTC117443

Company & Directors' Information:- B G INDUSTRIES LTD [Active] CIN = U26921ML1980PLC001830

Company & Directors' Information:- P K INDUSTRIES PRIVATE LIMITED [Active] CIN = U51900DL2012PTC241654

Company & Directors' Information:- M D INDUSTRIES PRIVATE LIMITED [Active] CIN = U91110GJ1994PTC022025

Company & Directors' Information:- L C INDUSTRIES PRIVATE LIMITED [Active] CIN = U15122UP2013PTC055697

Company & Directors' Information:- G. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15435MH2005PTC151817

Company & Directors' Information:- P A S INDUSTRIES INDIA PRIVATE LIMITED [Active in Progress] CIN = U17121TZ2005PTC012171

Company & Directors' Information:- V AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039251

Company & Directors' Information:- M K J INDUSTRIES PRIVATE LIMITED [Active] CIN = U19111UP1989PTC010468

Company & Directors' Information:- S S F INDUSTRIES LIMITED [Active] CIN = U25190BR1988PLC003160

Company & Directors' Information:- P B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29120MP1994PTC008840

Company & Directors' Information:- R & M INDUSTRIES PRIVATE LIMITED [Active] CIN = U24297TN1972PTC006185

Company & Directors' Information:- A M INDUSTRIES LTD [Active] CIN = U21012WB1977PLC030854

Company & Directors' Information:- A AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17117DL1995PTC064137

Company & Directors' Information:- M C INDUSTRIES LTD [Active] CIN = U27106WB1993PLC058995

Company & Directors' Information:- D R INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100WB2011PTC160058

Company & Directors' Information:- R. L. F. INDUSTRIES LIMITED [Active] CIN = U51909DL1983PLC015262

Company & Directors' Information:- U K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24241WB1988PTC044355

Company & Directors' Information:- M G I INDUSTRIES PVT LTD [Active] CIN = U27310GJ2006PTC048707

Company & Directors' Information:- A D INDUSTRIES PRIVATE LIMITED [Active] CIN = U18101WB2008PTC131561

Company & Directors' Information:- V J INDUSTRIES PRIVATE LIMITED [Active] CIN = U29253KA2009PTC050226

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PLC039217

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PTC039217

Company & Directors' Information:- G R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U34300PB1996PTC018671

Company & Directors' Information:- M. K. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15549WB2008PTC130116

Company & Directors' Information:- R S V INDUSTRIES PRIVATE LIMITED [Active] CIN = U52399MH2008PTC180489

Company & Directors' Information:- K. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U14220JH2008PTC013409

Company & Directors' Information:- D K INDUSTRIES LIMITED [Active] CIN = U45202CH1994PLC014627

Company & Directors' Information:- D G INDUSTRIES PVT LTD [Active] CIN = U36942WB1946PTC013526

Company & Directors' Information:- R I L INDUSTRIES PRIVATE LIMITED [Active] CIN = U70101DL1993PTC052678

Company & Directors' Information:- I S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29100GJ2009PTC057308

Company & Directors' Information:- B M INDUSTRIES PRIVATE LIMITED [Active] CIN = U17000MH1997PTC109621

Company & Directors' Information:- R V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1995PTC006398

Company & Directors' Information:- B N INDUSTRIES PRIVATE LIMITED [Active] CIN = U67120AS1994PTC004273

Company & Directors' Information:- A J INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2004PTC145040

Company & Directors' Information:- S. A. A INDUSTRIES PRIVATE LIMITED [Active] CIN = U01549TZ1997PTC007927

Company & Directors' Information:- K K S K INDUSTRIES PRIVATE LIMITED [Active] CIN = U19201TZ1997PTC007687

Company & Directors' Information:- C R I INDUSTRIES PRIVATE LIMITED [Amalgamated] CIN = U29120TZ2002PTC010129

Company & Directors' Information:- A C T INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018724

Company & Directors' Information:- G B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29220PN2011PTC139883

Company & Directors' Information:- S D B INDUSTRIES LIMITED [Active] CIN = U27107MP1996PLC010394

Company & Directors' Information:- M M INDUSTRIES PRIVATE LIMITED [Active] CIN = U31300CT2008PTC020916

Company & Directors' Information:- A C INDUSTRIES PVT LTD [Active] CIN = U29299WB2006PTC109474

Company & Directors' Information:- K M INDUSTRIES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74899DL1991PTC043295

Company & Directors' Information:- C J INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U25209MH1998PTC116707

Company & Directors' Information:- N P INDUSTRIES LTD [Strike Off] CIN = U15549PB1989PLC009426

Company & Directors' Information:- J. L. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29141MP2008PTC020731

Company & Directors' Information:- I K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100MH2010PTC199474

Company & Directors' Information:- H. D. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U27310MH2011PTC216080

Company & Directors' Information:- R. D. G. INDUSTRIES PRIVATE LIMITED [Active] CIN = U26960DL2008PTC182480

Company & Directors' Information:- R B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U28999DL2008PTC177248

Company & Directors' Information:- H & H INDUSTRIES PRIVATE LIMITED [Active] CIN = U34100DL2010PTC204604

Company & Directors' Information:- M J INDUSTRIES PRIVATE LIMITED [Active] CIN = U15203KA2011PTC060675

Company & Directors' Information:- B R V INDUSTRIES PRIVATE LIMITED [Active] CIN = U32301UP1995PTC018704

Company & Directors' Information:- A. G. INDUSTRIES LIMITED [Strike Off] CIN = U25201UP1994PLC017291

Company & Directors' Information:- B R INDUSTRIES LIMITED [Strike Off] CIN = U15204AS1993PLC003930

Company & Directors' Information:- I P M INDUSTRIES LIMITED [Active] CIN = U25200DL1995PLC068554

Company & Directors' Information:- M R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900UP2008PTC036443

Company & Directors' Information:- R D I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC065508

Company & Directors' Information:- J G INDUSTRIES LTD [Active] CIN = L15141WB1983PLC035931

Company & Directors' Information:- V G INDUSTRIES PRIVATE LIMITED [Active] CIN = U15139JK2015PTC004570

Company & Directors' Information:- S N INDUSTRIES PRIVATE LIMITED [Active] CIN = U29211UP1951PTC002319

Company & Directors' Information:- K G INDUSTRIES PVT LTD [Active] CIN = U29130WB1951PTC019868

Company & Directors' Information:- N S INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74120UP2012PTC053986

Company & Directors' Information:- W W I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29300MH1997PTC112589

Company & Directors' Information:- D U INDUSTRIES PRIVATE LIMITED [Active] CIN = U29230GJ2016PTC091588

Company & Directors' Information:- S R P INDUSTRIES LIMITED [Amalgamated] CIN = U00061BR1984PLC002023

Company & Directors' Information:- C P INDUSTRIES PVT LTD [Strike Off] CIN = U29303MP1949PTC000846

Company & Directors' Information:- J B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999MH2013PTC245506

Company & Directors' Information:- S J V INDUSTRIES LTD [Amalgamated] CIN = U15421WB1982PLC035521

Company & Directors' Information:- V V INDUSTRIES PVT LTD [Strike Off] CIN = U99999DL1980PTC010427

Company & Directors' Information:- K K INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U65100DL1982PTC013046

Company & Directors' Information:- A T C INDUSTRIES LTD [Strike Off] CIN = U27109AS1984PLC002201

Company & Directors' Information:- N V INDUSTRIES PVT LTD [Active] CIN = U51909WB1953PTC020952

Company & Directors' Information:- A TO Z INDUSTRIES PVT LTD [Strike Off] CIN = U31908AS1987PTC002804

Company & Directors' Information:- L K INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291MH2012PTC233546

Company & Directors' Information:- G S C INDUSTRIES PRIVATE LTD [Active] CIN = U92114DL1956PTC002616

Company & Directors' Information:- G G INDUSTRIES PRIVATE LIMITED [Active] CIN = U27320UP1969PTC003282

Company & Directors' Information:- K S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31909MH1960PTC011707

Company & Directors' Information:- P R INDUSTRIES PVT LTD [Active] CIN = U21014DL1971PTC005738

Company & Directors' Information:- R K I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29190DL2012PTC233413

Company & Directors' Information:- R K INDUSTRIES PVT LTD [Strike Off] CIN = U25202AS1988PTC003132

Company & Directors' Information:- S G R INDUSTRIES PVT LTD [Strike Off] CIN = U25199WB1948PTC016397

Company & Directors' Information:- K R INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U25190KA2012PTC062367

Company & Directors' Information:- Y K INDUSTRIES PRIVATE LIMITED [Active] CIN = U19115UP2012PTC051151

Company & Directors' Information:- E S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999TN2012PTC086119

Company & Directors' Information:- I B INDUSTRIES LTD. [Strike Off] CIN = U28992WB1990PLC050469

Company & Directors' Information:- V I INDUSTRIES LTD [Strike Off] CIN = U36934WB1951PLC019890

Company & Directors' Information:- J M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U05002UP1952PTC002456

Company & Directors' Information:- L F INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291UP2015PTC068602

Company & Directors' Information:- A K S INDUSTRIES PVT LTD [Active] CIN = U27201WB1946PTC013433

Company & Directors' Information:- V M V INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U26990GJ2013PTC076945

Company & Directors' Information:- S K INDUSTRIES LIMITED [Under Process of Striking Off] CIN = U29248PN1948PLC001948

Company & Directors' Information:- S P INDUSTRIES PVT LTD [Strike Off] CIN = U20232AS1980PTC001853

Company & Directors' Information:- V N R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U21090AP2012PTC081525

Company & Directors' Information:- A K INDUSTRIES PVT LTD [Active] CIN = U51109WB1944PTC011764

Company & Directors' Information:- K INDUSTRIES PVT LTD [Strike Off] CIN = U99999KA1946PTC000938

Company & Directors' Information:- G I P INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U52605MH2015PTC263962

Company & Directors' Information:- C. L. INDUSTRIES PRIVATE LIMITED [Active] CIN = U27109RJ2014PTC045306

Company & Directors' Information:- R. A. M INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2014PTC254820

Company & Directors' Information:- S. B. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC144181

Company & Directors' Information:- A & P INDUSTRIES PRIVATE LIMITED [Active] CIN = U36935TG2014PTC095781

Company & Directors' Information:- C & N INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U40200TG2014PTC095187

Company & Directors' Information:- B S B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U45200TG2013PTC088059

Company & Directors' Information:- R A R INDUSTRIES PRIVATE LIMITED [Active] CIN = U74900TG2016PTC103684

Company & Directors' Information:- K S A B INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909WB2012PTC181903

Company & Directors' Information:- S V S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U36100JK2013PTC003808

Company & Directors' Information:- R D M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31100DL2013PTC252294

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1947PTC000501

Company & Directors' Information:- A V K INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U52100KA2012PTC066761

Company & Directors' Information:- S V INDUSTRIES PVT LTD [Strike Off] CIN = U27104WB1960PTC024715

Company & Directors' Information:- J INDUSTRIES PVT LTD [Strike Off] CIN = U18101OR1960PTC000388

Company & Directors' Information:- T & M INDUSTRIES LIMITED [Liquidated] CIN = U99999TN1956PLC002904

Company & Directors' Information:- INDUSTRIES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109BR1946PTC000228

Company & Directors' Information:- K INDUSTRIES LIMITED [Not available for efiling] CIN = U99999MH1946PTC005438

    Civil Suit No. 561 of 2016 in A. No. 175 of 2020

    Decided On, 18 February 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

    For the Plaintiff: C. Manishankar, Senior Counsel for Arun C. Mohan, Advocate, For the Defendants: Set exparte.



Judgment Text


(Prayer: This Civil Suit is filed under Order IV Rule 1 of Original Side Rules, 1956 read with Order VII Rule 1 of C.P.C., 1908, Sections 27,28,29,134 & 135 of the Trade Marks Act, 1999 and Sections 51, 54, 55 & 62 of the Copyright Act, 1957, for the following reliefs:-

"a.a permanent injunction restraining the defendants, themselves, their respective properietors/directors/partners as the case may be, successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers, wholesalers, retailers, representatives, assigns and all other persons claiming through or under them from infringing the registered trademark/label THREE MANGOES of the plaintiff by manufacturing, selling and/or distributing matches under the almost identical mark THE MANGOES or GREEN MANGOES or any other similar or identical or deceptively similar mark and artistic work and in any other manner whatsoever;

b.a permanent injunction restraining the defendants, themselves, their respective properietors/directors/partners as the case may be, successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers, wholesalers, retailers, representatives, assigns and all other persons claiming through or under them from manufacturing, selling offering for sale and/or distributing matches which would among to passing off their goods as and for the goods of the plaintiff or as being in some way connected with the plaintiff by using the mark THE MANGOES or GREEN MANGOES or any other mark similar or identical or deceptively similar to the plaintiff's trademark/label THREE MANGOES and artistic work and in any other manner whatsoever;

c.a permanent injunction restraining the defendants, themselves, their respective properietors/directors/partners as the case may be, successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers, wholesalers, retailers, representatives, assigns and all other persons claiming through or under them from manufacturing, selling offering for sale and/or distributing matches from committing acts of copyright infringement by making substantial reproduction of the plaintiff's copyright in the artistic work THREE MANGOES label by use of identical colour scheme or any other label similar or identical or deceptively similar thereto and in any other manner whatsoever;

d. the defendants be ordered to surrender to the plaintiffs for destruction of all goods viz., matches, matchboxes, labels, cartons, dyes, blocks, screen prints, advertisement materials, packing materials and other goods containing the trademark THE MANGOES or GREEN MANGOES or any other mark similar or identical or deceptively similar to plaintiff's registered trade mark THREE MANGOES;

e. the defendants be ordered to pay, jointly and severally, to the plaintiff a sum of Rs.50,00,000/- (Rupees Fifty lakhs only) as damages for committing acts of infringement of trademark and passing off;

f. a preliminary decree be passed in favour of the plaintiff directing the defendants to render true and faithful account of profits earned by them by use of trademark THE MANGOES or GREEN MANGOES for matches, which is deceptively similar to the plaintiff's trademark THREE MANGOES and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the defendants after the latter have rendered accounts;

g. for entire costs of the suit").

1. The suit is filed under the Trade Marks Act and Copyright Act alleging infringement and passing off petitioner's product by the defendants who are carrying on their business in Tamil Nadu and Telangana.

2. The case of the plaintiff is that, it is a well established business house with history of 100 years carrying on business in diverse fields including manufacturing and sale of safety matches under various trade marks inter alia, CHEETA FIGHT, HOME LITES, THREE MANGOES, AIM, SHIP and KAPAS. These trade marks of the plaintiff have acquired immense goodwill and reputation owing to the high quality of goods manufactured and marketed by them.

3. The present suit pertaining to the trade mark of THREE MANGOES was originally adopted by M/s.Western India Match Company Limited (hereinafter referred to as M/s.WIMCO Ltd) as early as in the year 1924 and obtained registration on 19.03.2001 in respect of matches. In the year 2014, under a scheme of arrangement approved by Mumbai and Kolkatta High Courts, the assets of the non-engineering business of M/s.WIMCO Limited, which include the trade mark THREE MANGOES, were transferred to the plaintiff. Thereafter, the plaintiff applied for name change from M/s.WIMCO Limited to plaintiff as the proprietor. The trade mark THREE MANGOES used by M/s.WIMCO Limited for several decades is currently in use by the plaintiff. The plaintiff has designed a distinguished unique and eye catchy label consisting of distinctive features bearing the words THREE MANGOES written in a stylish font represented within a special artistic background, with the image representation of THREE MANGOES and the unique colour combination of red and yellow to arrive at a distinctive get up and trade dress.

4. According to the plaintiff, the trade mark and its artistic work in the label THREE MANGOES was adopted in an honest and bona fide manner to distinguish the goods of the plaintiff from that of the competitors. The said label was designed by the plaintiff and the proprietor right over the said artistic work in the label THREE MANGOES vest only with the plaintiff. While so, during the month of July 2016, the plaintiff had come to know that several manufacturers in the District of Vellore specifically at Gudiyattam Taluk are manufacturing and marketing match boxes under the deceptively similar mark THE MANGOES and/or GREEN MANGOES bearing identical artistic work, colour scheme get up and lay out of the plaintiff.

5. The Investigator engaged by the plaintiff has reported that the defendants 1 to 4 operate jointly and severally and have involved in the manufacture and marketing of match boxes under the almost identical marks THE MANGOES and GREEN MANGOES all over the Tamil Nadu and the neighbouring state of Telangana. The defendants 5, 6 and 9 are involved in distributing the infringed products to the retailers viz., defendants 7 and 8. Providing the operative picture of the plaintiff's matchboxes carrying the trade mark and design THREE MANGOES and the infringed product manufactured by the defendants, in the name THE MANGOES and GREEN MANGOES state that a bare perusal of the plaintiff's trade mark that of the defendants' trade mark would go to show that the trade marks, writing style, lay out and get up are identical. The word, THREE MANGOES in English appears at the top of the pack in white colour font within a red colour background. The image of THREE MANGOES is represented underneath the writing, centered within a yellow box. This essential features are imitated by the defendants with a minor insignificant modification. People would therefore, easily be deceived and inclined to believe that the defendants matches are that of the plaintiff. The defendants are trying to ride on the goodwill of the plaintiff's trade mark/label. Hence, the plaintiff has sought for the following reliefs:-

"a. a permanent injunction restraining the defendants, themselves, their respective properietors/directors/partners as the case may be, successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers, wholesalers, retailers, representatives, assigns and all other persons claiming through or under them from infringing the registered trademark/label THREE MANGOES of the plaintiff by manufacturing, selling and/or distributing matches under the almost identical mark THE MANGOES or GREEN MANGOES or any other similar or identical or deceptively similar mark and artistic work and in any other manner whatsoever;

b. a permanent injunction restraining the defendants, themselves, their respective properietors/directors/partners as the case may be, successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers, wholesalers, retailers, representatives, assigns and all other persons claiming through or under them from manufacturing, selling offering for sale and/or distributing matches which would amoung to passing off their goods as and for the goods of the plaintiff or as being in some way connected with the plaintiff by using the mark THE MANGOES or GREEN MANGOES or any other mark similar or identical or deceptively similar to the plaintiff's trademark/label THREE MANGOES and artistic work and in any other manner whatsoever;

c. a permanent injunction restraining the defendants, themselves, their respective properietors/directors/partners as the case may be, successors-in-business, servants, agents, distributors, dealers, stockists, shop keepers, wholesalers, retailers, representatives, assigns and all other persons claiming through or under them from manufacturing, selling offering for sale and/or distributing matches from committing acts of copyright infringement by making substantial reproduction of the plaintiff's copyright in the artistic work THREE MANGOES label by use of identical colour scheme or any other label similar or identical or deceptively similar thereto and in any other manner whatsoever;

d. the defendants be ordered to surrender to the plaintiffs for destruction of all goods viz., matches, matchboxes, labels, cartons, dyes, blocks, screen prints, advertisement materials, packing materials and other goods containing the trademark THE MANGOES or GREEN MANGOES or any other mark similar or identical or deceptively similar to plaintiff's registered trade mark THREE MANGOES;

e. the defendants be ordered to pay, jointly and severally, to the plaintiff a sum of Rs.50,00,000/- (Rupees Fifty lakhs only) as damages for committing acts of infringement of trademark and passing off;

f. a preliminary decree be passed in favour of the plaintiff directing the defendants to render true and faithful account of profits earned by them by use of trademark THE MANGOES or GREEN MANGOES for matches, which is deceptively similar to the plaintiff's trademark THREE MANGOES and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the defendants after the latter have rendered accounts;

g. for entire costs of the suit" 6.Pending suit, this Court has appointed Advocate Commissioners to inspect the premises of the defendants to find out 'whether there was any infringed materials in the defendants premises'. Four Advocate Commissioners namely Mr.Ponram Raja; Mr.Aditya Reddy; Mr.Kolaindaivelu and Mr.Veerapathiran have been appointed. Their respective reports indicating the infringed products similar to that of the plaintiff's trade mark and design were manufactured and stored in the premises under the control of the various defendants. Though the suit was filed in the year 2016 and Advocate Commissioners' inspected the premises of the most of the defendants, the defendants have chosen not to file any written statement or to contest the matter. In the said circumstances, the plaintiff has taken up an Application in A.No.175 of 2020 to pass summary judgment.

7. Pending suit, the first defendant has already submitted to the decree and on 25.10.2019, the suit was decreed as against the first defendant on the basis of the undertaking given by him that he will not commit any act infringing the trade mark and copy right and passing off the goods of the plaintiff.

8. As far as the defendants 2 to 9 are concerned, they have not filed any written statement within the time line of 120 days. Thus, they have forfeited their right of filing the written statement and they have also been set exparte by this Court since the defendants 2 to 9 have no real prospect of successfully defending the claim and in the light of the finding of the Advocate Commissioners appointed by this Court, the plaintiff seeks for passing of summary judgment against the remaining defendants 2 to 9.

9. It is pertinent to point out that pursuant to the application filed by the plaintiff, the Advocate Commissioners were appointed and they have submitted their reports which substantiate the allegations of the plaintiff regarding infringement of its copy right and trade mark. None of the defendants have denied the possession of the impugned/infringed products. The reports of the Advocate Commissioners namely Mr.Ponram Raja; Mr.Aditya Reddy; Mr.Kolaindaivelu and Mr.Veerapathiran and the annexures to the reports, proves the fact that the trade mark and copy right of the plaintiff carrying THREE MANGOES has been infringed by the defendants and they have given the specific undertaking that they will not manufacture, distribute or sell the products infringing the plaintiff's trade mark and copy right.

10. In the said circumstances, there is no real prospect of successfully defending the claim by the defendants. Order XIII Rule (3) C.P.C., as amended by the Commercial Courts Act 2015 enables the Court to pass summary judgment on the specific grounds namely:-

a) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real prospect of successfully defending the claim, as the case may be; and

b

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) there is no other compelling reason why the claim should not be disposed of before recording of oral evidence. 11. In this case, as pointed out earlier, the defendants have not filed written statement and also admitted the possession of infringed products and given undertaking not to carry on the trade of the infringed products. In such circumstances, there is no compelling reason why the claim should not be disposed of before recording oral evidence. The Commissioner's reports taken on file as Exs.C.1 to C.4 are sufficient to hold that the defendants have no real prospect of successfully defending the case. Hence, A.No.175 of 2020 filed for passing of summary judgment is allowed. 12. In the result, the suit is decreed with costs as follows:- (i) Permanent injunction relief sought under prayer (a), (b) and (c) as against defendants 2 to 9 are granted. (ii) In respect of prayer (d), the defendants 2 to 9 are directed to surrender all the infringed materials in their possession to the plaintiff. (iii) In respect of prayer (e), the relief seeking damages of Rs.50,00,000/- against the defendants 2 to 9 jointly and severally is dismissed for want of proof. (iv) In respect of prayer (f), preliminary decree is passed in favour of the plaintiff directing the defendants 2 to 9 to render true and faithful account of profits earned by them by use of trademark THE MANGOES or GREEN MANGOES for matches, for ascertaining loss of profit.
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