Madras High Court
K. Madhana Gopal vs Santhanagopalan Srinivasan on 29 January, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. (COMM. DIV.) No.174 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2024
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. (COMM. DIV.) No.174 of 2023
K. Madhana Gopal
trading as M/s. KMP Industrries
No. 312/192 A. Sathiya Nagar,
M.T.H.Road, Villivakkam,
Chennai-600 049. ... Plaintiff
Vs.
1. Santhanagopalan Srinivasan,
trading as M/s. Goodwill Industries,
No.5/555-2, Annai Velankanni Nagar,
Arumugagoundanoor,
Coimbatore - 641 010.
2. Santhanagopalan Srinivasan,
trading as M/s. Swathi Packs,
543a, Krishna Nagar,
Arumugagoundanur,
Perur, Coimbatore - 641010.
3. M/s. Karnataka Motor Pumps
no.182/1 K-17/A Ramavilas Road,
K.R. Mohalla, Mysore,
Karnataka-570024.
Rep by its Partner D. Ganesamoorthi.
PRAYER : PLAINT FILED UNDER ORDER VII RULE 1 CPC READ
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C.S. (COMM. DIV.) No.174 of 2023
WITH SECTIONS 27, 28, 134 AND 135 OF THE TRADE MARKS
ACT, 1999, SECTIONS 51, 55 AND 62 OF THE COPYRIGHTS ACT,
1957 AND THE COPYRIGHT (AMENDMENT) ACT, 2012 AND
SECTION 7 OF THE COMMERCIAL COURTS, ACT, 2015 – SUIT
FOR PERMANENT INJUNCTION FOR INFRINGMENT AND
PASSING OFF to grant a judgment and decree on the following terms :
(a) a permanent injunction restraining the Defendants by
themselves, their Partners/ Proprietor, as the case may be, affiliates,
manufacturers, distributors, stockists, marketers, servants, agents,
wholesalers, retailers, legal representatives, successor in business or any
other person claiming under or through from in any manner
manufacturing, selling, offering for sale, stocking, trading, advertising
directly or indirectly dealing in motor pumps and pipes infringing the
Plaintiff’s registered trademark KMP by use of an identical mark SMP or
any mark deceptively similar to Plaintiff’s registered trademark KMP or
in any other manner whatsoever;
(b) a permanent injunction restraining the Defendants by
themselves, their Partners/Proprietor as the case may be, affiliates,
manufacturers, distributors, stockists, marketers, servants, agents,
wholesalers, retailers, legal representatives, successor in business or any
other person claiming under or through from in any manner
manufacturing, selling, offering for sale, stocking, trading, advertising
directly or indirectly dealing in motor pumps and pipes infringing the
Plaintiff’s copyright over the artistic work in the unique label/logo * by
use of an identical mark # or any mark deceptively similar to Plaintiff’s
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C.S. (COMM. DIV.) No.174 of 2023
label/logo * or in any other manner whatsoever;
(c) a permanent injunction restraining the Defendants by
themselves, their Partners/Proprietor as the case may be, affiliates,
manufacturers, distributors, stockists, marketers, servants, agents,
wholesalers, retailers, legal representatives, successor in business or any
other person claiming under or through from in any manner passing off
or enabling other to pass off the Defendants’ products as and for that of
Plaintiff's products by manufacturing, selling, offering to sell,
distributing, stocking, displaying, printing, advertising using the
trademarks SMP and label/logo # that is identical to Plaintiff's
trademark KMP and logo/label * or in any manner whatsoever;
(d) the Defendant be ordered to pay to the Plaintiff a sum of
Rs.1,00,000/- as damages for committing acts of infringement against
Plaintiff’s registered trademark and pass off its products as and for the
Plaintiff’s products;
(e) the Defendants be ordered to surrender to Plaintiff for
destruction of all products, labels, cartons, visiting cards, leaflets,
promotional materials, broachers, dyes, blocks, moulds, screen prints,
packing materials and other materials using the infringing trademark
SMP and # or any other trademark identical or deceptively similar to
that of Plaintiff's trademark KMP;
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C.S. (COMM. DIV.) No.174 of 2023
(f) a preliminary decree be passed in favor of the Plaintiff directing
the Defendants to render accounts of profits made using the trademark
SMP and logo/label # and a final decree be passed in favor of Plaintiff
for the amount of profits thus found to have been made by Defendants
after verifying the accounts.
(g) for costs of the suit; and
(h) pass such further or other reliefs as this Hon'ble Court may
deem fit and necessary in the circumstances of the case and thus render
justice.
* denotes logo SMP in prayer portion
# denotes logo SMP in prayer portion
For Plaintiff : Mr.H.Ashok Sankar Karthikeyan
For Defendants : Mr.K.S. Saravanan
JUDGMENT
All the parties have arrived at a settlement. They have filed a Memorandum of Compromise, dated 29.01.2024 before this Court. All the parties have signed the Memorandum of Compromise and the Memorandum of Compromise has also been counter signed by both the https://www.mhc.tn.gov.in/judis 4/6 C.S. (COMM. DIV.) No.174 of 2023 learned counsels. In addition to the terms incorporated in the Memorandum of Compromise, both the learned counsels in the presence of their respective clients would submit that the defendants will be addressing a letter to the Trademark Registry seeking for cancellation of the Trademark Registration for the Trademark SMP and a copy of the same will also be furnished to the plaintiff on or before 30.01.2024. The learned counsel for the plaintiff is also agreeable to the submissions made by the learned counsel for the defendants. In terms of the Memorandum of Compromise, the suit is decreed and in addition to the terms and conditions of Memorandum of Compromise, an undertaking given by the defendants that they shall take appropriate steps for cancellation of the trademark registration in respect of trademark SMP is also recorded by this Court. The Memorandum of Compromise shall form part of this judgement.
29.01.2024 Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2 https://www.mhc.tn.gov.in/judis 5/6 C.S. (COMM. DIV.) No.174 of 2023 ABDUL QUDDHOSE, J.
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