Madras High Court
South India Krishna Oil And Fats Pvt ... vs Sovreign Agrotech Refinery Private ... on 5 July, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
C.S.No.317 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.07.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
C.S.No.317 of 2020
South India Krishna Oil and Fats pvt Limited,
Unit No.101, 102 A, First Floor,
RealtechCopia Corporate Suites,
Plot No.9, Jasola District Centre,
New Delhi – 110025.
Rep. by its Authorized Signatory
Ramneesh Kumar Aggarwal ... Plaintiff
Vs.
Sovreign Agrotech Refinery Private Limited
Old -3A, New No.8, Second Street,
Srinivasa Nagar,
Koyambedu,
Chennai-600 107.
and also at
New.No.6/1, Old.No.22/1,
Balaji Avenue, 2nd Street,
T.Nagar,
Chennai-600 017. ... Defendant
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C.S.No.317 of 2020
PRAYER:
The Plaint filed under Order VII Rule 1 of C.P.C. Read with
Order IV Rule 1 of Original Side Rules of this Court along with Sections
27, 28, 29, 134 & 135 of the Trademarks Act 1999 and Section 55 read
with Section 62 of the Copyright Act, 1957, Section 7 of the Commercial
Courts, Commercial Division and Commercial Appellate Division of High
Courts Act, No.4 of 2016 and numbered as C.S.No.317 of 2020, praying
for judgment and decree against the defendant, as follows:
(a) Granting a permanent injunction, restraining the defendant,
by themselves, their servants, agents, distributors, or anyone claiming
through them from reproducing by selling, advertising and or offering for
sale both domestic and exports by using the impugned Trademark
SURYA PLUS word and device as shown in Document No.14, upon the
goods or in any media and use the same in invoices, letter heads and
visiting cards or by using any other Trademark which is in any way
substantially reproduce the Plaintiffs Trademark SURYA PLUS shown
in Document No.13 or in any manner infringing the Plaintiffs Trademark
under Application Nos.2430126 and 2276038 in class 29 with respect to
edible oil.
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C.S.No.317 of 2020
(b) Granting a permanent injunction, restraining the defendant,
by themselves, their servants, agents, distributors, or anyone claiming
through them from reproducing by selling, advertising and or offering for
sale both domestic and exports by using the impugned Trademark
SURYA PLUS and (pouch) as shown in Document No.14, upon the
goods namely edible oil or in any media and use the same in invoices,
letter heads and visiting cards or by using any other Trademark which is
in any way substantially reproduce the Plaintiffs Trademark SURYA
GOLD and (pouch) shown in Document No.13 or in any manner passing
of the plaintiff's Trademark.
(c) Granting a permanent injunction, restraining the defendant,
by themselves, their servants, agents, distributors, or anyone claiming
through them from reproducing by selling, advertising and or offering for
sale both domestic and exports by using the impugned Copyright SURYA
PLUS (pouch) as shown in Document No.14, upon the goods namely
edible oil or in any media and use the same in invoices, letter heads and
visiting cards or by using any other Copyright which is in any way
substantially reproduce the Plaintiff's copyright SURYA GOLD shown in
Document No.1 or in any manner passing of the plaintiff's copyright.
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C.S.No.317 of 2020
(d) directing the defendant to surrender to the plaintiff all the
packing material, cartons, advertisement materials and hoardings, letter-
heads, visiting cards, office stationery and all other materials
containing/bearing the Color Scheme and Get up in the SURYA PLUS or
other deceptively similar Trademark in respect of oil.
(e) for a preliminary decree in favour of the plaintiff, directing
the defendant to render an account of profits made by them by the use of
the Color Scheme and Get up in the SURYAPLUS on the goods referred
and for a final decree in favour of the plaintiff for the amount of the
profits found to have been made by the defendant, after the defendant has
rendered accounts and
(f) directing the defendant to pay to the plaintiff the costs of the
suit
For Plaintiff : M/s.Balajanaki
For Defendant : Mr.D.Ferdinand
for M/s.BFS Legal
*****
JUDGMENT
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https://www.mhc.tn.gov.in/judis C.S.No.317 of 2020 The present suit is filed by the plaintiff for (a) granting a permanent injunction, restraining the defendant, by themselves, their servants, agents, distributors, or anyone claiming through them from reproducing by selling, advertising and or offering for sale both domestic and exports by using the impugned Trademark SURYA PLUS word and device as shown in Document No.14, upon the goods or in any media and use the same in invoices, letter heads and visiting cards or by using any other Trademark which is in any way substantially reproduce the Plaintiffs Trademark SURYA PLUS shown in Document No.13 or in any manner infringing the Plaintiffs Trademark under Application Nos.2430126 and 2276038 in class 29 with respect to edible oil. (b) granting a permanent injunction, restraining the defendant, by themselves, their servants, agents, distributors, or anyone claiming through them from reproducing by selling, advertising and or offering for sale both domestic and exports by using the impugned Trademark SURYA PLUS and (pouch) as shown in Document No.14, upon the goods namely edible oil or in any media and use the same in invoices, letter heads and visiting cards or by using any other Trademark which is Page 5 of 9 https://www.mhc.tn.gov.in/judis C.S.No.317 of 2020 in any way substantially reproduce the Plaintiffs Trademark SURYA GOLD and (pouch) shown in Document No.13 or in any manner passing of the plaintiff's Trademark. (c) Granting a permanent injunction, restraining the defendant, by themselves, their servants, agents, distributors, or anyone claiming through them from reproducing by selling, advertising and or offering for sale both domestic and exports by using the impugned Copyright SURYA PLUS (pouch) as shown in Document No.14, upon the goods namely edible oil or in any media and use the same in invoices, letter heads and visiting cards or by using any other Copyright which is in any way substantially reproduce the Plaintiff's copyright SURYA GOLD shown in Document No.1 or in any manner passing of the plaintiff's copyright. (d) directing the defendant to surrender to the plaintiff all the packing material, cartons, advertisement materials and hoardings, letter-heads, visiting cards, office stationery and all other materials containing/bearing the Color Scheme and Get up in the SURYA PLUS or other deceptively similar Trademark in respect of oil.
(e) for a preliminary decree in favour of the plaintiff, directing the defendant to render an account of profits made by them by the use of the Page 6 of 9 https://www.mhc.tn.gov.in/judis C.S.No.317 of 2020 Color Scheme and Get up in the SURYAPLUS on the goods referred and for a final decree in favour of the plaintiff for the amount of the profits found to have been made by the defendant, after the defendant has rendered accounts.
2. Today (05.07.2024), when the matter is taken up for hearing, the authorized signatory of the plaintiff and the defendant appeared through Video Conferencing and they stated that they have settled the dispute between them and pending suit, they entered into compromise and the terms and conditions of the compromise have been reduced into writing in the memorandum of compromise dated 17.04.2024. Further, both the parties have stated that they understood the terms and conditions mentioned in the memorandum of compromise and also they accepted the terms and conditions mentioned therein. Both the parties and their respective counsel have signed in the terms of memorandum of compromise.
3. In view of the above, this suit is decreed in terms of Page 7 of 9 https://www.mhc.tn.gov.in/judis C.S.No.317 of 2020 memorandum of compromise dated 17.04.2024. The said memorandum of compromise shall form part and parcel of this decree.
05.07.2024 mfa P.VELMURUGAN, J.
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