Madras High Court
Aqua Pump Industries Rep. By Its vs Texmo Hit Industries on 4 August, 2016
Author: M.M.Sundresh
Bench: M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 04.08.2016 Coram:
The Hon'ble Mr.Justice M.M.SUNDRESH C.S.No.411 of 2014
1. Aqua Pump Industries rep. by its Managing Partner Mr.Ramaswamy Kumaravelu, Thudiyalur Post, Coimbatore-641 034, having their branch office at No.156 Poonamallee High Road, Vanagaram, Chennai - 600 095.
2. Aqua Sub Engineering rep. by its Managing Partner Mr. Ramaswamy Kumaravelu Thudiyalur Post, Coimbatore-641 034, having their branch office at No.156 Poonamallee, High Road, Vanagaram, Chennai - 600 095. .. Plaintiffs Vs.
1. Texmo Hit Industries No.1668 Opposite to SBI ATM, Trichy Road Sungam, Ramanathapuram, Coimbatore - 641 045
2. Madhavan Agency Ramki Vilas, Plot No.9/6, Kannagi St., NH-1, Opp Rotary Hospital & Venus Typewriting Maraimalai Nagar, Chennai. .. Defendants The suit has been filed under Order IV Rule 1 of Original Side Rules and Order VII Rule 1 of Code of Civil Procedure read with Section 27, 134 & 135 of the Trademarks Act, 1999, for a judgment and decree:
(a) granting permanent injunction restraining the defendants, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Plaintiffs' registered Trade Mark TEXMO/TEXMO HIT as such or prefix or suffix in any pumps and motors or in any related goods manufactured and sold by the Defendants or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically similar to the plaintiffs' registered Trade Mark TEXMO or in any manner infringing the Plaintiffs' Registered Trade Mark Nos. 315049 (SP-I), (SP-II) & 315050 (SP-I), (SP-II) renumbered as 2702778, 2702779, 2702780 & 2702781.
(b) granting permanent injunction, restraining the Defendants, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Plaintiffs' Trade Mark TEXMO/TEXMO HIT as such or with prefix or suffix in any pumps and motors or in any related goods manufactured and sold by the Defendants or in any media and use the same in invoices, letter heads and visiting cards or by suing any other trade mark which is in any way visually, or phonetically similar to the Plaintiffs' Trade Mark TEXMO or in any manner pass off the Plaintiffs' goods.
(c) directing the Defendants to render an account of profits made by them by the use of the impugned trademark TEXMO HIT on the goods referred and decree the suit for the profits found to have been made by the Defendants, after the Defendants has rendered accounts.
(d) directing the Defendants to surrender to the Plaintiffs' all the goods, packing materials, cartoons, advertisement materials and hoardings, letter-heads, visiting cards, office stationery and all other materials containing/bearing the Plaintiffs' registered Trade Mark TEXMO or TEXMO HIT other deceptively similar trade mark and for costs.
For Plaintiffs : Ms.Gladys Daniel For Defendants: Ms.V.Suganya Judgment
The suit is filed seeking for permanent injunction against the defendants on the ground of violation of infringement of Registered Trademark TEXMO or TEXMO HIT as well as passing off.
2. When the matter is taken up for hearing today, basing upon the Memorandum of Compromise duly signed by both the parties, attested by their respective counsel, learned counsel appearing on both sides submitted that in terms of the Memorandum of Compromise dated 6.11.2015, the suit may be decreed.
3. Considering the Memorandum of Compromise, there shall be a compromise decree in terms of Memorandum of Compromise as follows:-
"The Plaintiffs and the Defendants have agreed to compromise the matter in the following terms:
1. The terms Plaintiffs and Defendants shall mean and include their heirs, executors, administrators, successors and assignees of each party;
2. The Defendants submit to a Judgment and Decree as prayed for in terms of prayer (a) & (b) of para 20 of the Plaint for
(a) granting permanent injunction restraining the defendants, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Plaintiffs' registered Trade Mark TEXMO/TEXMO HIT as such or prefix or suffix in any pumps and motors or in any related goods manufactured and sold by the Defendants or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically similar to the plaintiffs' registered Trade Mark TEXMO or in any manner infringing the Plaintiffs' Registered Trade Mark Nos. 315049 (SP-I), (SP-II) & 315050 (SP-I), (SP-II) renumbered as 2702778, 2702779, 2702780 & 2702781.
(b) granting permanent injunction, restraining the Defendants, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Plaintiffs' Trade Mark TEXMO/TEXMO HIT as such or with prefix or suffix in any pumps and motors or in any related goods manufactured and sold by the Defendants or in any media and use the same in invoices, letter heads and visiting cards or by suing any other trade mark which is in any way visually, or phonetically similar to the Plaintiffs' Trade Mark TEXMO or in any manner pass off the Plaintiffs' goods. M.M.SUNDRESH, J gr.
3. The Defendants shall withdraw any application filed for registration of the trademark TEXMO/TEXMO HIT or other TEXMO formative marks.
4. The Defendants shall not oppose any application for registration of the trademark TEXMO or TEXMO formative marks filed by the Plaintiffs."
4. In the result, the suit is decreed in terms of Memorandum of Compromise. Consequently, connected Applications are closed.
04.08.2016 gr.
C.S.No. 411 of 2014 http://www.judis.nic.in