Madras High Court
M/S.Texmo Industries vs Mukesh Lamba on 6 October, 2025
C.S.(Comm.Div) No.155 of 2025, O.A.Nos.617 to 623 of 2025 and A.No.2770 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2025
CORAM:
THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR
C.S.(Comm.Div) No.155 of 2025
and O.A.Nos.617 to 623 of 2025 and A.No.2770 of 2025
M/s.Texmo Industries ... Plaintiff
Versus
Mukesh Lamba ... Defendant
Prayer: Commercial Suit filed under Order VII Rule 1 of the Civil
Procedure Code, 1908, r/w Order IV Rule 1 of Original Side Rules, 1956,
r/w Sections 2(1)(C)(XVII) read with Section 7 of the Commercial Courts
Act, 2015 and Sections 27, 28, 29, 134 & 135 of the Trade Marks Act, 1999
and Sections 51, 55 & 62 of the Copyrights Act, 1957 to grant a judgment
and decree on the following terms:
a)A permanent injunction restraining the Defendant, his partners, his
employees, officers, servants, agents, and all others acting for and on his
behalf from manufacturing, selling, distributing, maintaining and/or
operating websites, domain names, social media platforms, email address,
mobile applications, trade/corporate name and in any other manner directly
or indirectly, online or offline, dealing with any goods or services in the
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name of
VARUN PUMPINGS which is identical to the Plaintiff's registered trademark
TARO,
and its formative marks amounting to the infringement of the plaintiff's
registered trademark
bearing application Nos.3884169 in class 07, 3884170 in class 09, 3884171
in class 11 and 3884173 in class 17;
b)A permanent injunction restraining the Defendant, his partners, his
employees, officers, servants, agents, and all others acting for and on his
behalf from manufacturing, selling, distributing, maintaining and/or
operating websites, domain names, social media platforms, email address,
mobile applications, trade/corporate name and in any other manner directly
or indirectly, online or offline, dealing with any goods or services in the
name of
VARUN PUMPINGS or any other mark which is identical/similar to the
Plaintiff's trademarks TARO,
and such other marks and passing off the goods/services of the Defendant
as and for those of the Plaintiff;
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c)A permanent injunction restraining the Defendant his partners,
employees, officers, servants, agents and all others acting for and on their
behalf from manufacturing, selling, distributing, exporting, advertising,
offering for sale, any products, maintain and/or operate websites, domain
names, social media platforms, e-mail addresses, mobile applications,
trade/corporate name and in any other manner, directly or indirectly, online
or offline, dealing with any goods or services under
VARUN PUMPINGS which is identical to the artistic work inherent in the
Plaintiff's registered device marks and copyright over its artistic work
registered under Registration No. A-141687/2022 in any manner
whatsoever;
d) A permanent injunction restraining the Defendant his partners,
employees, officers, servants, agents, and all others acting for and on their
behalf from manufacturing, selling, distributing, exporting, advertising,
offering for sale, any products, maintain and/or operate websites, domain
names, social media platforms, e-mail addresses, mobile applications, trade/
corporate name and in any other manner, directly or indirectly, online or
offline, dealing with any goods or services infringing the copyright in the
artistic works on the website of the plaintiff by reproducing the layout,
interface, font style of the Plaintiff's website in any manner whatsoever;
e)A permanent injunction restraining the Defendant his partners,
employees, officers, servants, agents and all others acting for and on their
behalf from manufacturing, selling, distributing, exporting, advertising,
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offering for sale, any products, maintain and/or operate websites, domain
names, social media platforms, e-mail addresses, mobile applications, trade/
corporate name and in any other manner, directly or indirectly, online or
offline, dealing with any goods or services infringing the copyright in the
literary works on the website of the Plaintiff by reproducing the layout,
interface, font style of the Plaintiff's website in any manner whatsoever;
f)A permanent injunction restraining the Defendant his partners,
employees, officers, servants, agents, and all others acting for and on their
behalf from manufacturing, selling, distributing, exporting, advertising,
offering for sale, any products, maintain and/or operate websites, domain
names, social media platforms, e-mail addresses, mobile applications,
trade/corporate name and in any other manner, directly or indirectly, online
or offline, dealing with any goods or services infringing the copyright in the
cinematographic works on the website of the Plaintiff by reproducing the
exact videos of the Plaintiff's website in any manner whatsoever;
g)A permanent injunction restraining the Defendant, his partners,
directors, proprietors, subsidiaries, affiliates, franchisees, officers, servants,
agents, distributors, stockists, representatives, licensees and anyone acting
for or on his behalf directly or indirectly, as the case may be from
performing any actions, especially using the trademark
VARUN PUMPINGS or any mark which is deceptively similar and or identical
to the Plaintiff's trademark TARO,
and its formative marks amounting to unfair competition,
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misrepresentation, dilution of the goodwill and reputation of the Plaintiff's
trademark or doing any other thing which will lead to dilution of Plaintiff's
Intellectual Properties;
h)The Defendant be ordered to pay the Plaintiff a sum of INR
25,00,000/- (Rupees Twenty Five Lakhs Only) as damages for having
committed infringement of the Plaintiffs' registered trademark and passing
off in respect of the Plaintiff's trademark TARO,
and its formative marks and infringement and passing off of the Plaintiff's
literary, artistic and cinematographic work;
i)An order of declaration, declaring the Plaintiff's trademark "TARO"
as a 'well-known trademark' within the meaning of Section 2(1)(zg) read
with Section 11(6) of the Trade Marks Act, 1999;
j)A preliminary decree be passed in favour of the Plaintiff directing
the Defendants to render true and proper accounts of the profits arising out
of the amount of sales generated by the defendant in respect of their alleged
activities bearing the impugned marks
VARUN PUMPINGS or any mark which is deceptively and or identical to the
Plaintiff's trademarks TARO,
and its formative marks;
k)To grant order of delivery up of any brochures/printed material
and/or any material bearing "TARO", "TARO PUMPS",
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which infringes Plaintiffs' registered trademark "TARO", "TARO PUMPS,
For Plaintiff : Mr.M.S.Bharath
For Defendant : Mr.Rishi Nandhan R.B.
JUDGMENT
A compromise has been entered into between the plaintiff and the defendant. Learned counsel for the plaintiff submitted that the date of filing was on 25.06.2025. The Memorandum of compromise was entered between the parties in the month of August 2025. Learned counsel for the plaintiff and the learned counsel for the defendant confirm that compromise has taken place. The Memorandum of Compromise is extracted hereunder:
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vga
2.This suit is decreed in terms of the Memorandum of Compromise, which shall form part of this judgment. No costs. Consequently, connected applications are closed.
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