Madras High Court

CS/1018/2001 of FOUNTAINHEAD COMMUNICATIONS Vs FOUNTAINHEAD PROMOTES AND on 13 October 2026

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CS No. 1018 of 2001

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

CS No. 1018 of 2001

CNR: {HCMA010057182001}

Fountainhead Communications Pvt.Ltd.

Represented by its Mananging Director

Suresh Pillai,

189, Mount Road,

II Floor, “Aarthi Chambers”,

Chennai – 600 006.

..Plaintiff(s)

Vs

Fountainhead Promotes and Events Pvt., Ltd, 52/A, Tommy Villa (GRD), Palli Village, Bandra, Mumbai – 400 050.

..Defendant(s)

Prayer: Civil Suit filed under Order IV Rule 1 of O.S Rules r/w Order VII Rule 1 of Civil Procedure Code r/w Section 27 of the Trade and Merchandise Marks Act, 1958, praying the following reliefs:

(a) Granting a perpetual order and injunction restraining the Defendant by itself/its partners/its directors, servants, agents, or any of them from in any manner using the Plaintiff's corporate and trade name "FOUNTAINHEAD" or any other word deceptively or confusingly thereto. and consequently for a direction to the Registrar of Companies, Maharashtra at Mumbai to amend the name of the Defendant by striking out the name "FOUNTAINHEAD";

CS No. 1018 of 2001

(b) Granting a perpetual order and injunction restraining the Defendant by itself/its partners/its directors, servants. agents, or any of them from in any manner passing off the Defendant's services by using the Plaintiff's corporate and trade name "FOUNTAINHEAD" or any other word similar thereto as or for that of the Plaintiff;

(c) A preliminary decree be passed in favour of the Plaintiff, directing account of for the services rendered by the Defendant to render account of profits made by the use of the plaintiff’s "FOUNTAINHEAD” for the services rendered by the Defendant and the 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 has rendered accounts; (d) The Defendant be ordered to deliver for destruction of the Defendant’s goods, cartoons, labels, dies, blocks, plates, mould, screen prints, pamphlets, brouchers, and other material bearing the trade name "Fountainhead"; or any other work similar to or which is a substantial reproduction of the Plaintiff'’s trade name "Fountainhead";

e) For costs of the suit; and

f) For such further and other orders as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.

CS No. 1018 of 2001

For Plaintiff(s):

No appearance

For Defendant(s):

Mr.Varun Srinivasan

& Vinith Srinivasan

for M/s.NVS Associates

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JUDGMENT

Despite the suit being listed under the caption ‘for dismissal’, noticing repeated absence on the side of the plaintiff and the plaintiff’s name is also printed in today’s cause list as directed by this Court, today also there is no representation on the side of the plaintiff.

2. The learned counsel for the respondent is present today.

3. The Civil Suit is dismissed for non-prosecution. No costs. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA

CS No. 1018 of 2001

P.B.BALAJI, J. ATA CS No. 1018 of 2001 13-10-2026

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