Madras High Court
M/S.Apex Laboratories Pvt. Ltd vs K.Srinivasa Rao on 30 March, 2022
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div.) No.43 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.03.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.(Comm.Div.) No.43 of 2021
and O.A.Nos.494, 495, 496 of 2021
and A.No.2893 of 2021
M/s.Apex Laboratories Pvt. Ltd.,
29, III Floor, SIDCO Garment Complex,
Guindy, Chennai 600 032
rep. by its Authorized Signatory,
D.Jude F.L.S.Durai Pandian ... Plaintiff
vs.
K.Srinivasa Rao,
trading as WINTAAS PHARMA
D.No.2-4-80/7 and 8, Rajavari Kota,
Medical Complex, Narsaraopet - 522 601
Guntur (Dist) ... Defendant
PRAYER: Plaint filed under and Order VII Rule 1 CPC and Order IV Rule
1 OS Rules, Read with Sections 27, 28, 29, 134 & 135 of the Trademarks
Act, 1999 and Sections 51, 55, 62 of the Copyrights Act, 1957 prayed for
Judgment and Decree:-
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C.S.(Comm.Div.) No.43 of 2021
(a) a permanent injunction restraining the Defendant, by himself, his
partners, men, servants, agents, distributors, stockiest, representatives or any
one claiming through or under them from in any manner infringing the
plaintiff's registered trademarks ZINCOVIT under No.487453 in Class 5
and other registered trademarks by using a deceptively similar trademark
ZINK+WIT or any other trademark deceptively similar to the plaintiff's
registered trademark or in any other manner whatsoever;
(b) a permanent injunction restraining the Defendant, by himself, his
partners, men, servants, agents, distributors, stockiest, representatives or any
one claiming through or under them from in any manner committing acts of
copyright infringement by using, in the course of trade, labels / artistic
works which are a substantial reproduction of plaintiff's registered copyright
under Nos.A-112789/2017 and other registered copyrights in colour scheme,
get up and layout for their ZINK+WIT for any tablets, syrup, drops etc., or
in any other manner whatsoever;
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C.S.(Comm.Div.) No.43 of 2021
(c) a permanent injunction restraining the Defendant, by himself, his
partners, men, servants, agents, distributors, stockiest, representatives or any
one claiming through or under them from in any manner passing off and / or
enabling others to pass off the Defendant' products under the trademark
ZINK+WIT as and for the plaintiff's products by manufacturing, selling, or
offering to sell, distributing, displaying, printing, stocking, using, advertising
their products with a trademark and / or label or artistic work that is
identical in colour scheme, get up and layout with that of the plaintiff's
ZINCOVIT trademark or artistic work or in any other manner whatsoever;
(d) the Defendant be ordered to surrender to plaintiffs for destruction
of all products, labels, cartons, dyes, blocks, moulds, screen prints, packing
materials and other materials bearing the trademark ZINK+WIT label or any
mark deceptively similar to plaintiff's trademark and artistic work
ZINCOVIT label;
(e) a preliminary decree be passed in favour of the plaintiffs directing
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C.S.(Comm.Div.) No.43 of 2021
the Defendant to render account of profits made by use of trademark and
copyright in the artistic work ZINK+WIT label and a final decree be passed
in favour of the plaintiffs for the amount of profits thus found to have been
made by the Defendant after the latter have rendered accounts;
(f) for costs of the suit.
For Plaintiff : Mr.R.Sathish Kumar
For Defendant : M/s.N.R.Srinath
**********
JUDGMENT
The plaintiff and defendant have entered into a Joint Memorandum of Compromise dated 23.02.2022. The said Memorandum of Compromise is signed by the plaintiff and the defendant, and their respective counsel.
2. On perusal thereof, it appears that the defendant has agreed to a decree in terms of prayers (a), (b) and (c) of paragraph 35 of the plaint. The plaintiff has agreed to relinquish the reliefs claimed under prayers (d) to (f) of the plaint. Upon examining the joint Memorandum of Compromise, there 4/6 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.43 of 2021 is no legal impediment to the issuance of a decree in terms thereof.
3. Accordingly, C.S.(Comm.Div.) No.43 of 2021 is decreed in terms of the Joint Memorandum of Compromise dated 23.02.2022, which shall form an integral part thereof. There will be no order as to costs.
Consequently, O.A.Nos.494, 495, 496 of 2021 and A.No.2893 of 2021 are closed.
30.03.2022 rna Index : Yes / No Internet : Yes / No 5/6 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.43 of 2021 SENTHILKUMAR RAMAMOORTHY,J rna C.S.(Comm.Div.) No.43 of 2021 and O.A.Nos.494, 495, 496 of 2021 and A.No.2893 of 2021 30.03.2022 6/6 https://www.mhc.tn.gov.in/judis