Madras High Court
Texmo Industries vs Mr. Aseem Jain on 21 July, 2017
Author: Anita Sumanth
Bench: Anita Sumanth
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 21.07.2017 Coram : THE HONOURABLE DR.JUSTICE ANITA SUMANTH C.S.No.355 of 2017 Texmo Industries, Registered Partnership firm, represented by its Constituted Attorney Mr. Palaniappan, P.B.No.5303, Gnanmbika Mills P.O., Mettupalayam Road, Coimbatore 641 029 ... Plaintiff -vs- Mr. Aseem Jain, BL-55, West Shalimar Bagh, Delhi 110 088 ... Defendant Plaint under Order VII, Rule 1 CPC, read with order IV, Rule 1 of the Original Side Rules of the Madras High Court and Sections 11, 27, 29, 134, 135 Trade Marks Act, 1999 praying for the following reliefs; (a) a permanent injunction restraining the defendants, their partners, their employees, officers, servants, agents and all others acting for and on their behalf from manufacturing, launching, selling, distributing, advertising, exporting, offering for sale, and in any other manner, directly or indeirectly, dealing in any product or services in the name of 'TECHMO' or any other similar mark amounting to an infringement of the Plaintiff's registered trademarks TEXMO under Nos.794425 in Class 02; Nos.315049 and 315050 both in Class 07; 794464 in Class 23; 794434 in Class 24; 794417 and 794465 both in Class 25 and 794418 in Class 26; (b) A permanent injunction restraining the defendants, their partners, their officers, employees, servants and agents, from manufacturing, launching, selling, offring for sale, advertising and directly or indiectly dealing in any product or service under TECHMO the trade mark 'TECHMO' or any other similar marks amounting to passing off of the products and services of the defendants as and for that of the plaintiffs mark TEXMO; (c) to declare the plaintiff's trademark TEXMO as a well-known Trade Mark; (d) to grant order of delivery up of any brochures/printed material and/or any materialwhich infringes Plaintiffs' copyright and registered trademarks TEXMO; (e) to direct the defendants for rendition of accounts in respect of their alleged activities especially sale and promotion of products bearing the mark 'TECHMO' for their goods and business; For Plaintiff : Mr. K. Premchandar For Defendant : Mr.respondent served, no appearance J U D G M E N T
Learned counsel Mr.K.Premchandar, appears for the plaintiff would file a memo of Compromise under Order 23, Rule 1 of CPC read with Section 151 CPC dated 10.7.2017. The memo of compromise is taken on record and the suit is decreed in terms thereof. The said memo of compromise shall form part and parcel of this order. No costs. Consequently, the connected applications are closed.
21.07.2017 Speaking Order/Non-Speaking Order Index : Yes/No msr DR. ANITA SUMANTH, J.
msr C.S.No.355 of 2017 21.07.2017