Madras High Court
Texmo Industries vs Chanchal Maheshwari on 5 July, 2019
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.07.2019
CORAM
THE HONOURABLE MR.JUSTICE Krishnan Ramasamy
C.S.No.109 of 2015
and
O.A.No.166 of 2015
Texmo Industries,
Registered Partnership Firm,
Represented by its Constituted Attorney
Mr.Palaniappan,
P.B.No.5303, Mettupalayam Road,
Coimbatore. ... Plaintiff
Vs.
1.Chanchal Maheshwari,
Director, Texmo Industries Private Limited,
02, Shivam, Smarpit Complex, Pulla,
Udhaipur – 313 004, Rajasthan.
2.Sunita Agal,
Director, Texmo Industries Private Limited,
02, Shivam, Smarpit Complex, Pulla,
Udhaipur – 313 004, Rajasthan.
3.Texmo Industries Private Limited,
12-A, Saheli Nagar,
Udhaipur – 313 001, Rajasthan
Also at 02, Shivam, Smarpit Complex, Pulla,
Udhaipur – 313 004, Rajasthan
Also at F-92, 93, Dariba Road, Sanwar,
Rajasthan. ... Defendants
http://www.judis.nic.in
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Plaint filed under Order VII Rule 61 C.P.C. read with Order IV
Rule 1 of the High Court Original Side Rules praying for:
(a) A permanent injunction restraining the
defendants 1 to 3, their director, employees, officers,
servants, agents and all others acting for and on their
behalf from making, selling, distributing, advertising,
exporting, offering for sale, and in any other manner,
directly or indirectly, dealing in any product in the name
of TEXMO or carry on any business under the name and
style of TEXMO or TEXMO INDUSTRIES or any other
similar mark amounting to an infringement of the
plaintiff's registered trademarks Nos.315049, 315050,
794417, 794418, 794425, 794426, 794432, 794434,
794436, 794451, 794464 & 794465;
(b) A permanent injunction restraining the
defendants, its officers, employees, servants and
agents, from manufacturing, selling, offering for sale,
advertising and directly or indirectly dealing in any
product or service under the trademark TEXMO
INDUSTRIES or carry on any business under the name
and style of TEXMO or TEXMO INDUSTRIES or any other
similar marks amounting to passing off of the products
and services of the defendants as and for that of the
plaintiff's mark TEXMO & TEXMO INDUSTRIES;
(c) To declare the plaintiff's trademark TEXMO as a
well known trademark;
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(d) To grant order of delivery up of any
brochures/printed material and/or any material which
infringes of plaintiffs' registered trademarks TEXMO;
(e) To direct the defendants for rendition of
accounts in respect of their alleged activities especially
sale and promotion of products bearing the mark TEXMO
and TEXMO INDUSTRIES for their goods and business;
(f) Costs and such other relief as this Hon'ble
Court may deem fit, in the circumstances of the case, in
the interests of justice and equity.
For Plaintiff : Mr.K.Premchander
JUDGMENT
When the matter is taken up for hearing, it is submitted by the learned counsel appearing for the plaintiff that the matter has been resolved between the parties. Today, a memo of compromise duly signed by the parties and attested by their respective counsel, has been filed.
2. Hence, the compromise is recorded. The suit is decreed in terms of compromise. The joint memo of compromise shall form part of the decree. No costs. Consequently, the connected Original Application is closed.
05.07.2019 AT http://www.judis.nic.in 4 Krishnan Ramasamy,J.
AT C.S.No.109 of 2015 and O.A.No.166 of 2015 05.07.2019 http://www.judis.nic.in