Madras High Court
K.Madhana Gopal vs Ranjith Singh on 2 June, 2023
C.S.(Comm.Div).No.50 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.S.(Comm.Div).No.50 of 2023
and
O.A.Nos.177 and 178 of 2023
and A.1338 of 2023
K.Madhana Gopal
trading as M/s. KMP Industries
No.312/192 A, Sathiya Nagar,
M.T.H.Road, Villivakkam,
Chennai – 600 049. ... Plaintiff
vs
1.Ranjith Singh
2.Kailash Kumar R
3.M/s.Kaveri Motor Pump
182/03, Underground, Shop No. 6, Narasaraja Road,
Davangere, Karnataka-577001. ... Defendants
Prayer: Civil Suit is filed under Order VII Rule 1 CPC read with Sections 27,
134 and 135 of the Trade Marks Act, 1999 and Section 7 of the Commercial
Courts Act, 2015, for the following prayers:-
(a) a permanent injunction restraining the Defendants by themselves,
their Directors/Partners/Proprietor as the case may be, affiliates,
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C.S.(Comm.Div).No.50 of 2023
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 KMP and DLXKMP 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 Directors/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 KMP and DLXKMP
that is identical to Plaintiff's trademark KMP or in any manner whatsoever;
(c) the Defendants 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;
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C.S.(Comm.Div).No.50 of 2023
(d) 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 KMP and DLXKMP or any other
trademark identical or deceptively similar to that of Plaintiff's trademark
KMP;
(e) a preliminary decree be passed in favour of the Plaintiff directing the
Defendants to render accounts of profits made using the trademark KMP and
DLXKMP and a final decree be passed in favour of Plaintiff for the amount of
profits thus found to have been made by Defendant after verifying the
accounts.
(f) for costs of the suit; and
(g) 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.
For Plaintiff : Ms.S.Suba Shiny
For Defendants : Mr.S.Dhakshin Kumar
JUDGEMENT
The learned counsel for the plaintiff and defendants filed a compromise 3/6 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div).No.50 of 2023 memo dated 27.05.2023 whereunder the defendants agreed to submit to the decree in respect of the plaint prayers A and B. The plaintiff on his part agreed to give up other reliefs sought for in the plaint prayers C to F.
2. The plaintiff as well as defendants 1 and 2 appeared before this Court and acknowledged their signature in the compromise memo.
3. The 1st defendant in his capacity as Proprietor of the 3rd defendant concern, signed the compromise memo under the deal of the 3rd respondent concern. The parties are identified by their respective counsel and memorandum of compromise is counter signed by the learned counsel for the plaintiff and defendants. Therefore, this Court is inclined to record the compromise memo dated 27.05.2023 and there shall be a decree in terms of compromise memo.
4. The suit is decreed in respect of prayers A and B and the suit is dismissed in respect of other prayers in terms of compromise memo. The 4/6 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div).No.50 of 2023 compromise memo shall form part of the decree. Consequently, the connected applications are closed.
02.06.2023
Index : Yes / No
NCC : Yes / No
dm
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