Can a plaintiff in a commercial suit under the Trade Marks Act withdraw the suit and secure a dismissal without costs?

Madras High Court affirms the procedural right to withdraw a commercial suit pre-adjudication, dismisses the action as withdrawn and closes connected applications—serving as practical guidance on suit withdrawal in IP litigation.

 

Summary

Category Data
Case Name C.S(COMM DIV)/186/2025 of Lacoste SA and another Vs KANDHAN TRADERS and 3 others
CNR HCMA011616272025
Decision Date 18-08-2025
Disposal Nature Withdrawn Dismissed
Judgment Author Honourable Mr. Justice Senthilkum Ramamoorthy
Court Madras High Court
Bench Single-judge bench

Factual Background

  • The plaintiffs, Lacoste SA and GANT AB, filed C.S.(Comm.Div.) No. 186 of 2025 under the Trade Marks Act, 1999 and Copyrights Act, 1957 seeking injunctions and reliefs against alleged infringement and passing off by the defendants.
  • Multiple interlocutory applications (O.A.Nos. 748–753 of 2025 and A.Nos. 3526 & 3527 of 2025) were also pending.
  • On 18 August 2025, learned counsel for the plaintiffs informed the court of instructions to withdraw the suit.
  • The suit was accordingly dismissed as withdrawn without any order as to costs, and all connected applications were closed.

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