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M/s. Mahesh Valve Products Private Limited v/s Kapila Rubber Industries


Company & Directors' Information:- MAHESH INDUSTRIES PRIVATE LIMITED [Active] CIN = U51101DL2007PTC171159

Company & Directors' Information:- D A RUBBER INDUSTRIES LIMITED [Active] CIN = U35999DL1985PLC114815

Company & Directors' Information:- THE RUBBER PRODUCTS LIMITED [Active] CIN = L25100MH1965PLC013379

Company & Directors' Information:- S J RUBBER INDUSTRIES LIMITED [Active] CIN = U25199DL2010PLC207562

Company & Directors' Information:- INDIA RUBBER LIMITED [Active] CIN = L25199TG1981PLC003254

Company & Directors' Information:- M M RUBBER COMPANY LIMITED [Active] CIN = L25190KA1964PLC052092

Company & Directors' Information:- P P RUBBER PRODUCTS PVT LTD [Active] CIN = U25191RJ1990PTC005647

Company & Directors' Information:- M B RUBBER PRIVATE LIMITED [Active] CIN = U74899DL1988PTC052019

Company & Directors' Information:- MAHESH PRODUCTS PRIVATE LIMITED [Active] CIN = U27310MH2007PTC168804

Company & Directors' Information:- G M VALVE PRIVATE LIMITED [Active] CIN = U28113GJ2013PTC074026

Company & Directors' Information:- H B RUBBER PVT LTD [Active] CIN = U74899DL1983PTC016537

Company & Directors' Information:- S M J RUBBER PRIVATE LIMITED [Active] CIN = U25111DL2006PTC150965

Company & Directors' Information:- G R RUBBER PRODUCTS PRIVATE LIMITED [Active] CIN = U25199CH1991PTC010981

Company & Directors' Information:- THE RUBBER PRODUCTS LIMITED [Strike Off] CIN = U99999MH1942PLC003562

Company & Directors' Information:- B K RUBBER INDUSTRIES PRIVATE LIMITED [Active] CIN = U25112MP1985PTC002718

Company & Directors' Information:- A R P RUBBER PVT LTD [Strike Off] CIN = U25193WB1975PTC030113

Company & Directors' Information:- F J RUBBER PRODUCTS PRIVATE LIMITED [Active] CIN = U00313HR2005PTC040778

Company & Directors' Information:- M M RUBBER COMPANY LIMITED [Not available for efiling] CIN = U99999KA1964PLC001541

Company & Directors' Information:- B N RUBBER PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062760

Company & Directors' Information:- K K RUBBER PRIVATE LIMITED [Strike Off] CIN = U74899DL1984PTC019059

Company & Directors' Information:- B P RUBBER PRIVATE LTD [Active] CIN = U74899DL1986PTC026434

Company & Directors' Information:- S G RUBBER INDUSTRIES PRIVATE LIMITED [Active] CIN = U36104DL1996PTC082520

Company & Directors' Information:- E-RUBBER INDUSTRIES PRIVATE LIMITED [Active] CIN = U25190AP2019PTC111689

Company & Directors' Information:- T K RUBBER INDUSTRIES PVT LTD [Active] CIN = U25199PB1987PTC007783

Company & Directors' Information:- MAHESH RUBBER INDUSTRIES PVT LTD [Strike Off] CIN = U25191RJ1988PTC004565

Company & Directors' Information:- A S A RUBBER INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U34300DL1987PTC029987

Company & Directors' Information:- K D RUBBER PRODUCTS PVT. LTD. [Strike Off] CIN = U25111TN1990PTC019068

Company & Directors' Information:- K G RUBBER (INDIA) PRIVATE LIMITED [Active] CIN = U25199TN1987PTC014802

Company & Directors' Information:- THE INDIA RUBBER INDUSTRIES LTD [Strike Off] CIN = U25191WB1938PLC009384

Company & Directors' Information:- J J RUBBER INDUSTRIES PVT LTD [Converted to LLP and Dissolved] CIN = U25199WB1980PTC032725

Company & Directors' Information:- S M RUBBER PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U25190BR1990PTC003702

Company & Directors' Information:- B L RUBBER INDUSTRIES PVT LTD [Strike Off] CIN = U99999DL1970PTC005353

Company & Directors' Information:- VALVE INDIA PRIVATE LIMITED [Strike Off] CIN = U24111UP1976PTC004305

Company & Directors' Information:- D P RUBBER PVT LTD [Strike Off] CIN = U25110MH2006PTC159770

Company & Directors' Information:- A K RUBBER PVT LTD [Strike Off] CIN = U25191KL1989PTC005539

Company & Directors' Information:- S B RUBBER INDUSTRIES PVT LTD [Strike Off] CIN = U25211WB1968PTC027314

Company & Directors' Information:- KAPILA AND KAPILA PVT. LTD. [Strike Off] CIN = U99999DL2000PTC003604

Company & Directors' Information:- INDIA RUBBER PRODUCTS P. LTD. [Not available for efiling] CIN = U99999AP2000PTC900697

    C.S. No. 155 of 2011 & O. A. Nos. 226 to 228 of 2011 & A. No. 1388 of 2011

    Decided On, 23 September 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

    For the Appellants: Madhan Babu, Advocate. For the Defendant: C. Hanumantha Rao, Advocate.



Judgment Text

1. The suit has been filed for the following reliefs:

(a) a perpetual injunction restraining the defendants, its distributors, stockist, servants, agents, retailers, representatives or any other person claiming under/through them from in any manner infringing the plaintiffs' registered trademark 'Stumper' by manufacturing, selling, offering for sale, stocking, advertising, either directly or indirectly any goods and in particular rubber play balls under the trademark 'Stumped' and/or "Slumped" and/or any other mark either in English or any other language, identical with and/or deceptively similar to plaintiffs' registered trademarks or in any other manner whatsoever;

(b) a perpetual injunction restraining the defendants, its distributors, stockiest, servants, agents, retailers, representatives or any other person claiming under/through them from in any manner infringing the plaintiffs' copyright over its pouch 'Stumper' by manufacturing, selling, offering for sale, stocking, advertising, either directly or indirectly any goods and in particular rubber play balls under the trademark 'Stumped' and/or "Stumped" and/or any other mark either in English or any other language, identical with and/or deceptively similar to plaintiffs' pouch or in any other manner whatsoever;

(c) a perpetual injunction restraining the defendants, its distributors, stockiest, servants, agents, retailers, representatives or any other person claiming under/through them from in any manner manufacturing, selling, offering for sale, stocking, advertising, either directly or indirectly any goods and in particular rubber play balls under the trademark 'Stumped' and/or "slumped" and/or any other mark either in English or any other language which is identical with or deceptively similar to the plaintiffs' trademark 'Stumper' so as to pass off the defendants' goods as and for the goods of the plaintiffs' or in any other manner whats-over connected with the plaintiffs;

(d) The defendant be ordered to surrender to plaintiffs for destruction all goods, labels, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark 'Stumped' and/or "Slumped";

(e) A preliminary decree be passed in favour of the plaintiffs directing the defendant to render account of profits made by use of trademark 'Stumped' or "Slumped and a final decree be passed in favour of the plaintiffs for the amount of profits thus found to have been made by the defendant after the latter have rendered accounts;

(f) The defendant be ordered and decreed to pay to the plaintiffs a sum of Rs. 10,01,000/- as damages for acts of passing off and infringement of trademark committed by the defendant;

(g) for costs of the suit.

2. The learned counsel appearing for the defendant submitted that the defendant is no longer infringing the trademark of the plaintiff. He further submitted that the copyright also will not be infringed by the defendant and the defendant has no issue if decree is passed in respect of prayer (a) to (c) in the plaint. The learned counsel appearing for the plaintiff has not disputed the same and further submitted that they are not pressing for damages.

3. Since the defendant has made an admission of infringement and also submitted that they also desist from infringing hereafter, this Court is of the view that it is the fit case, where

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the decree and judgment itself can be passed under Order 12 Rule 6 of C.P.C. In view of the above, the admission of the defendant's counsel taken on record and the suit is decreed. 4. According, the suit is decreed in respect of prayers 'a' to 'c'. As far as prayers 'd' to 'f' are concerned, the suit is dismissed. Consequently, connected Applications are closed. No costs.
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