M/S Francis Vaidyans Ayurveda Vaidyasala PVT.LTD vs. M/S.K.P.Pathrose Vaidyan'S Kandamkulathy Vaidyasala P.O.Kuzhur - Kerala High Court, 11 January 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THUR AY, THE 11TH DAY OF JANUARY 2018 / 221ST POUSHA, 1939 WP(C).No. 13563 of 2017 PETITIONERS: 1 M/S FRANCIS VAIDYANS AYURVEDA VAIDYASALA PVT. LTD.,

48/1717, NEAR BHAVANS SCHOOL

DESHABHIMANI ROAD, ELAMAKKARA, KOCHI-682 026,

REPRESENTED BY ITS MANAGING DIRECTOR,

SHRI KANDAMKULATHI FRANCIS PAUL. 2 SHRI KANDAMKULATHY FRANCIS PAUL,

AGED 38 YEARS, S/O K. P. POULOSE,

RESIDING AT KANDAMKULATHY HOUSE,

PARAPPURAM, KUZHUR, THRISSUR- 680 735. BY ADV.SRI.NAVOD PRASANNAN PATTALI RESPONDENTS:

M/S K.P.PATHROSE VAIDYAN'S KANDAMKULATHY VAIDYASALA,

P.O. KUZHUR, MALA, THRISSUR- 680 734,

REPRESENTED BY ITS PROPRIETOR DR. ROSEMARY WILSON.

ASSISTANT REGISTRAR OF TRADEMARKS & GI

TRADEMARK REGISTRY,

INTELLECTUAL PROPERTY RIGHTS,

BUILDING, GST ROAD, GUINDY,

CHENNAI- 600 032. 3. OFFICE OF THE DRUGS CONTROLLER,

RED CROSS ROAD, VANCHIYOOR P.O.,

THIRUVANANTHAPURAM-695035. 4. OFFICE OF THE ASSISTANT DRUGS CONTROLLER,

CHERROR RAMANILAYAM JUNCTION SHOPPING COMPLEX,

2ND FLOOR, NEAR JAWAHAR BALABHAVAN,

CHEMPOOKKAVU, THRISSUR- 680 020. 5. SUB INSPECTOR OF POLICE,

NEDUMBASSERY AIRPORT POLICE STATION, KOCHI- 683 111. R1 BY ADVS. SRI.MATHEW SKARIA

SRI.TOMY PAUL MAMPILLY

SMT.ANJANA VARGHESE R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R3 TO R5 BY GOVERNMENT PLEADER SRI.AMJAD ALI

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: EL

WP(C).No. 13563 of 2017 (U) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1OF DATED NIL OF THE GENEALOGY OF KANDAMKULATHY FAMILY EXHIBIT P2OF THE RECTIFICATION APPLICATION DATED 18.9.2007 FILED BEFORE THE 2ND RESPONDENT EXHIBIT P3OF THE FIR DATED 5.1.2016 NO.38/2016 REGISTERED BY THE 5TH RESPONDENT RESPONDENT(S)' EXHIBITS EXHIBIT R1(A) THEOF TRADEMARK REGISTRATIONP.S. TO JUDGE EL

B. KEMAL PASHA, J. ................................................................ W.P.(C) No. 13563 of 2017 ............................................................... Dated this the 11th day of January, 2018 J U D G M E N T The learned Public Prosecutor has reported that the case has been referred after investigation. With liberty to the petitioner to seek appropriate reliefs through appropriate proceedings, this Writ Petition is disposed of. B. KEMAL PASHA, JUDGE. ul/- [] P.S. to Judge.