Madras High Court
M/S.R.K.Ganapathi Chettiar vs Kothai Dairy Farm on 12 April, 2022
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div.) No.30 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.(Comm.Div.) No.30 of 2022
and A.Nos.652, 653 of 2022
and O.A.Nos.99 of 100 of 2022
M/s.R.K.Ganapathi Chettiar,
Rep. by its Partner A.Sankaranarayanan
138, Muthur Road, Kangayam,
Tirupur District - 638701, Tamil Nadu. ... Plaintiff
vs.
1.Kothai Dairy Farm
No.7, Perundurai Main Road,
Erode, Tamil Nadu, India.
2.Sri Sivasakthi Oil Store,
No.224, Velachery Main Road,
Pallikaranai,
Chennai - 600 100,
Tamil Nadu, India. ... Defendants
PRAYER: Plaint filed under and Order VII Rule 1 CPC Read with Order
IV Rule 1 of Original Side Rules Read With Sections 27, 134 and 135 of the
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C.S.(Comm.Div.) No.30 of 2022
Trademarks Act, 1999 and Sections 51, 55 and 62 of the Copyright Act,
1957 prayed for Judgment and Decree:-
(a) A permanent injunction restraining the defendant, its directors, all
their principal officers, staff, men, agent, servants, successors, assigns in
business, representatives and any other person from passing off his / their
goods by sing the artistic work, trade dress and color combination of yellow
& brown used by the plaintiff having the Trademark Registration
No.463167, for the logo, the packing style and overall getup of the prodcuts,
or any other word / words / logo / artistic work / design / device and trade
dress that are identical or deceptively similar to that of the plaintiff's trade
mark, artistic work, product & trade dress in respect of ghee, and thereby
restraining the defendant in any manner from passing off and thus render
justice.
(b) A permanent injunction restraining the defendants, all their
principal officers, staff, men, agent, servants, successors, assigns in
business, representatives and any other person from infringing the copyright
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C.S.(Comm.Div.) No.30 of 2022
of the plaintiff by using the artistic work, trade dress and color combination,
which are identical and deceptively similar to that of the plaintiff's artistic
works, colour combination and trade dress as in ; or any other logo / artistic
work / design / device / trade dress that are identical or deceptively similar
to the said copyright of the plaintiff, and thereby restraining the defendant
from in any manner infringing the copyright of the plaintiff and thus render
justice.
(c) That the defendants be ordered and directed to pay the plaintiff a
sum of Rs.5,00,000/- (Five Lakhs only) by way of damages.
(d) A preliminary decree be passed in favour of the plaintiffs
directing the defendants to render a true and faithful accounts of all profit
made by them, using the plaintiff's said Trademark & Copyright and a final
decree be passed in favour of the plaintiff for the amount of profit thus
found to have been made by the defendants, together with interest, after the
defendants have rendered accounts.
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C.S.(Comm.Div.) No.30 of 2022
(e) That the defendants be directed to deliver - up to the plaintiff's for
destruction, all labels, all other print materials, stickers, signage, visiting
cards, letter heads, catalogues, pamphlets, broachers, all other advertising
and promotional material, all stationary, and such other material used for
passing off and violating plaintiff's copyright.
(f) for the costs of the suit.
For Plaintiff : M/s.V.J.Arulraj
For Defendants : Mr.Arul Gnana Prakash for
M/s.BFS Legal
**********
JUDGMENT
The plaintiff sued the defendants for alleged infringement of trademark and copyright, damages, rendition of accounts, surrender of infringing material and costs.
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2. Subsequently, parties entered into a Joint Compromise Memo dated 21.03.2022. On perusal, the Joint Compromise Memo is signed by the plaintiff, both the defendants and their respective counsel. By such Compromise, the parties have recorded the terms of settlement with regard to the claims made in the suit. There is no legal impediment for the issuance of a decree in terms thereof.
3. Accordingly, C.S.(Comm.Div.) No.30 of 2022 is decreed in terms of the Joint Compromise Memo dated 21.03.2022, which shall form an integral part thereof. In the facts and circumstances, there will be no order as to costs. Consequently, A.Nos.652, 653 of 2022 and O.A.Nos.99, 100 of 2022 are closed.
12.04.2022 rna Index : Yes / No Internet : Yes / No 5/6 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.30 of 2022 SENTHILKUMAR RAMAMOORTHY,J rna C.S.(Comm.Div.) No.30 of 2022 and A.Nos.652, 653 of 2022 and O.A.Nos.99 of 100 of 2022 12.04.2022 6/6 https://www.mhc.tn.gov.in/judis