Madras High Court
Ansari Estate Pvt. Ltd vs Mahadevan on 29 April, 2022
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S..No.475 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.No.475 of 2013
and A.No.344 of 2020
Ansari Estate Pvt. Ltd.
2/1, Riverside Road,
Egmore, Chennai - 600 008
Represented by its Managing Director
Mr.N.M.Mohammed Thameemul Ansari ... Plaintiff
vs.
Mahadevan ... Defendant
PRAYER: Plaint filed under and Order VII Rule 1 of CPC And Order IV
Rule 1 of O.S.Rules Read With Sections 28, 29, 105 and 106 of the
Trademarks Act, 1999 prayed for Judgment and Decree:-
(a) a permanent injunction restraining the defendant, his men,
servants, agents, representatives or any one claiming through them from in
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C.S..No.475 of 2013
any manner infringing the plaintiff's registered trademark 'hotel marina
towers' logo by use of the trademarks "the marina" logo or any mark
similar to plaintiff's said registered trademark;
(b) a permanent injunction restraining the defendant, his men,
servants, agents, representatives or any one claiming through them from in
any manner passing off and / or enabling others to pass off the defendant's
hotel business as and for the plaintiff's hotel business by use of the
trademark "the marina" logo or any other mark deceptively similar to the
plaintiff's trademark "hotel marina towers" logo with identical scheme,
get up and layout or in any other manner whatsoever;
(c) the Defendant be ordered to surrender to plaintiff for destruction
of all paper and card board, boxes, bags, booklets, calendars, envelopes,
cards, pamphlets, posters, sign boards, paper towels and handkerchiefs,
forms and letter heads and other materials bearing the trademark "the
marina" logo or any mark deceptively similar to plaintiff's trademark and
artistic work "hotel marina towers" logo.
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C.S..No.475 of 2013
(d) a preliminary decree be passed in favour of the plaintiff directing
the defendant to render account of profits made by use of trademark "the
marina" logo and a final decree be passed in favour of the plaintiff for the
amount of profits thus found to have been made by the defendant after the
latter have rendered accounts;
(e) The defendant be ordered and decreed to pay to the plaintiff a sum
of Rs.26,00,000/- as damages for acts of infringement of trademark and
passing off committed by the defendant by running hotel business bearing
the trademark and artistic works the marina logo;
(g) for costs of the suit.
For Plaintiff : M/s.K.Ashok Kumar
For Defendant : Mr.N.C.Vishal for M/s.K.Premchandar
**********
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C.S..No.475 of 2013
JUDGMENT
The suit was filed for permanent injunctions in respect of alleged trademark infringement and passing off, surrender of infringing material for destruction, rendition of accounts with a decree for profits, and damages.
The parties subsequently entered into a Memorandum of Compromise dated 28.04.2022. On perusal, the said Memorandum of Compromise has been duly executed by the plaintiff, the defendant and their respective counsel.
By the Memorandum of Compromise, inter alia, the defendant agreed not to use the mark MARINA in relation to hotels and also not to open any further restaurant with the mark MARINA within the distance of 5 kilometres from the plaintiff's hotel. The plaintiff agreed not to object to the defendant's existing restaurant and both parties agreed not to object to each other's use of the mark "MARINA" in respect of outdoor catering services. There is no legal impediment to the issuance of a decree in terms of the Memorandum of Compromise.
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2. Accordingly, C.S.No.475 of 2013 is decreed in terms of the Memorandum of Compromise dated 28.04.2022, which shall form an integral part thereof. In the facts and circumstances, there will be no order as to costs. Consequently, A.No.344 of 2020 is closed.
29.04.2022 rna Index : Yes / No Internet : Yes / No 5/6 https://www.mhc.tn.gov.in/judis C.S..No.475 of 2013 SENTHILKUMAR RAMAMOORTHY,J rna C.S.No.475 of 2013 and A.No.344 of 2020 29.04.2022 6/6 https://www.mhc.tn.gov.in/judis