Madras High Court
M/S.V.N.C.Electrodes vs M/S.Royal Welding Wires Private ... on 4 September, 2023
Author: P.T. Asha
Bench: P.T. Asha
C.S . No. 285 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.09.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.S . No. 285 of 2020
M/s.V.N.C.Electrodes,
No.3, Industrial Estate,
S.Vellalapatti,
Karur 639 004, Tamil Nadu.
Administrative office at 11/4,
MRC Nagar, Raja Annamalai puram,
Chennai, Tamil Nadu 600 028.
A registered partnership
Firm rep by its Managing Partner
C.Basker ... plaintiff
Vs.
M/s.Royal Welding Wires Private Limited,
No.2, Uthiramerur Road,
Malaiyapalayam P.O. 603 303.
Mathuranthagam Taluk,
Kanchipuram District. ... defendant
Prayer: Plaint filed under Order VII Rule 1 of CPC read with
Sections 27(2), 29(1), 134 and 135 of the Trade Marks Act, 1999,
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C.S . No. 285 of 2020
read with Section 62 of the Copyright Act, 1957 read with Section
2(1)(c)(xvii) and Section 7 of the Commercial Courts Act, 2015 read
with Order IV Rule 1 of the Original Side Rules for
A.grant of a permanent injunction restraining the defendant, its
men, relatives, servants, agents or anyone claiming through or under
them from, in any manner, infringing the Plaintiff's Trademark
“BEST WELD”, written in a stylized manner, using such offending
trademark or any other mark or marks which are identical/similar or in
any way deceptively similar to or a colourable imitation of the
paintiff's trademark or any other brand name/mark or otherwise; until
such period that the plaintiff's trademark is valid and subsisting;
B.grant of a permanent injunction restraining the defendant, its
men, relatives, servants, agents or anyone claiming through or under
them from, in any manner, infringing the plaintiff's other mark “BEST
ARC” using such offending trademark or any other mark or marks
which are identical/similar or in any way deceptively similar to or a
colourable imitation of plaintiff's trademark or any other brand
name/mark or otherwise; until such period that the plaintiff's
trademark is valid and subsisting;
C.granting permanent injunction restraining the defendant, its
men, relatives, servants, agents or anyone claiming through or under
them from, in any manner, infringing the plaintiff's registered
trademark “VNC” using such offending trademark or any other mark
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C.S . No. 285 of 2020
or marks which are similar or in any way deceptively similar to or a
colourable imitation of the plaintiff's trademark or any other brand
name/mark or otherwise; until such period that the plaintiff's
trademark is valid and subsisting;
D.grant of a permanent injunction restraining the defendant, its
men, relatives, servants, agents or anyone claiming through or under
them from, in any manner from infringing the copyright pertaining to
the artistic work comprised in the carton filed as Material object No.1,
from using the offending carton filed as Material Object No.2 or any
other colour combination/essential features which are similar to or in
any way deceptively similar or the colourable imitation of the
plaintiff's carton;
E.grant of a permanent injunction restraining the defendant, its
men, relatives, servants, agents or anyone claiming through or under
them from, in any manner, passing off of the defendant's composite
label along with the red and rose colour combination as and for of the
plaintiff's trade mark label, containing the word ' BEST WELD' OR
'BEST ARC' in a specialized manner, with an image in between the
word ' BEST' and 'WELD' or 'BEST' and 'ARC' as the case may be,
device of a men with his arms spread out, and an arc drawn from one
hand to the other, in colour scheme, get up, font and layout, using the
offending trade mark or any other mark which is identical to or
deceptively similar to or in any way a colourable imitation of the
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C.S . No. 285 of 2020
plaintiff's trademarks, either by manufacturing, selling or offering for
sale of advertising or in any other manner;
F.grant of a permanent injunction restraining defendant, its men,
relatives, servants, agents or anyone claiming through or under them
from, in any manner, passing off of the defendant's trademark as and
for the plaintiffs trademark label, containing the work 'BEST WELD'
written in a stylized manner, with an image in between the words '
BEST' and 'WELD' being the device of a man with his arms spread
out, and an arc drawn from one hand to the other, in colour scheme,
get up, font and layout, using the offending trade mark or any other
mark which is identical to or deceptively similar to or in any way a
colourable imitation of the plaintiff's trademarks, either by
manufacturing, selling or offering for sale of advertising or in any
other manner;
G. grant of a permanent injunction restraining defendant, its
men, relatives, servants, agents or anyone claiming through or under
them from, in any manner, passing off of the defendant's trademark as
and for the plaintiffs trademark label, containing the work 'BEST
ARC' written in a stylized manner, with an image in between the
words ' BEST' and 'ARC' being the device of a man with his arms
spread out, and an arc drawn from one hand to the other, in colour
scheme, get up, font and layout, using the offending trade mark or any
other mark which is identical to or deceptively similar to or in any
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C.S . No. 285 of 2020
way a colourable imitation of the plaintiff's trademarks, either by
manufacturing, selling or offering for sale of advertising or in any
other manner;
H. grant of a permanent injunction restraining defendant, its
men, relatives, servants, agents or anyone claiming through or under
them from, in any manner, passing off of the defendant's mark as and
for of the plaintiff's trademark 'VNC', consisting of the term 'VNC' in
combination with three slanted lines depicted in a specialized manner,
using the offending trade mark or any other mark which is identical to
or deceptively similar to or in any way a colourable imitation of the
plaintiff's trademarks, either by manufacturing, selling or offering for
sale of advertising or in any other manner;
I. Grant of a permanent injunction restraining the Defendant
from either by manufacturing or selling or offering for sale or in any
manner advertising the Plaintiff's trade marks on _ welding
electrodes, Arc welding electrodes, Automatic and Semi-Automatic
welding equipment being the goods covered by the Plaintiff's
registration and also being the goods manufactured and sold by the
Defendant;
J.For a decree that the entire stock of the impugned goods in the
custody of the Defendant be seized and kept in the custody of the
Hon’ble Court or the custody thereof be handed over to the Plaintiff
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C.S . No. 285 of 2020
and/or its representatives/agents;
K.Directing the Defendant to render the true, correct and
faithful account of the sale of the goods under the Trademarks ‘BEST
WELD’ of the Plaintiff to ascertain the exact amount of damages
accrued to the Plaintiff;
L.Directing the Defendant to surrender to the Plaintiff the entire
stock of unused labels of the Defendant with the Trademark ‘BEST
WELD’ together with the cartons, label, brochures, printing blocks,
films, Floppies, CD’s and other materials containing the offending
trademark deceptively similar to that of the Plaintiff;
M.for the costs of the suit from the Defendant, jointly and
severally; and
N.pass such other further orders as this Honourable Court may
deem fit and proper under the said circumstances of the case and thus
render Justice.
For Plaintiffs : Mr. T.K.Ramkumar
For Defendants : Mr. M.S.Bharath.
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C.S . No. 285 of 2020
JUDGEMENT
The parties have entered into a memorandum of compromise before the Mediator, Tamil Nadu Mediation and Conciliation Centre, High Court, Madras and the terms of the compromise have been reduced into writing. Accordingly, the suit is decreed in terms of the memorandum of compromise. The terms of the compromise along with the annexures shall form part of the decree. No costs.
04.09.2023
Internet : Yes/No
Index :Yes/No
Speaking / Non-Speaking
kan
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