LAWS(MAD)-2021-8-248

MINISTER WHITE CLOTHING Vs. K.R.NAGARAJAN

Decided On August 17, 2021
Minister White Clothing Appellant
V/S
K.R.Nagarajan Respondents

JUDGEMENT

(1.) This application has been filed seeking amendment of the plaint to incorporate prayer for infringement of the Trademark of the plaintiff.

(2.) The suit was originally filed by M/s.New Look Textiles, as a passing off action seeking an injunction restraining the defendant from using the plaintiff..s trademark ..Minister White.. written in a particular font in English. The plaint alleges that an application for registration of the said mark is pending. The defendant applied for registration of a deceptively similar trademark ..Minister Cotton.. written in a particular style and font during July 2009. On coming to know about the application of the defendant, the plaintiff sent a cease and desist notice to the defendant on 22/12/2009. Since the defendant sent a reply notice on 23/1/2010 refusing to comply with the demand of the plaintiff, the plaintiff came up with a suit for injunction claiming that the defendant is attempting to pass of its goods as that of the plaintiff..s by adopting a deceptively similar trademark.

(3.) During the pendency of the suit, the plaintiff was able to obtain registration of the mark ..Minister White.. in Registration No.1685561. Thereafter, it appears that the original plaintiff M/s. New Look Textiles, had assigned the right in the trademark namely ..Minister White.. in favour of M/s.New Look Garments (I) Private Limited, under a deed of assignment dtd. 31/3/2011. And another deed of assignment dtd. 29/8/2014, the assignee viz. M/s. New Look Garments India Private Limited, had assigned the trademark ..Minister White.. bearing No.1685561 in Class 25 and ..Minister White.. bearing No.2747588 in Class 24, to the partnership firm M/s.Minister White Apparels. The said partnership firm assigned the said trademark to the present plaintiff under a deed of assignment dtd. 21/5/2019.