V S A COCOS Vs. V V INDUSTRIES

JUDGEMENT

(1.) APPLICATION No.1839 of 2010 was filed by the plaintiff in C.S.No.354 of 2010 for obtaining leave to sue the defendant before this Court in a suit for infringement of trademark, passing off and copyright. This Court on 31.03.2010 granted the leave and thereafter the suit was numbered. Thereafter an application in A.No.4411 of 2010 has been filed by the respondent/defendant to revoke the leave granted by this Court on 31.03.2010 in A.No.1839 of 2010

(2.) THE case of the plaintiff in lC.S.No.1839 of 2010 was that applicant/plaintiff is a registered proprietor of trademark OM SAKTHI label under No.1473867 in class 30 has a statutorily vested right. While so, the respondent has made a substantial reproduction of the said label by making minor modifications. Since the trademark of the applicant is registered at the Trademarks Registry at Chennai within the jurisdiction of this Court and on the ground of situs of the plaintiff's property which is situated within the jurisdiction of this Court, the suit was filed before this Court and leave was sought for.

(3.) ONLY point that arises for consideration is whether the leave granted on 31.03.2010 in Application No.1839 of 2010 is to be revoked or not.