Madras High Court
Aqua Pump Industries vs Rakesh Parliya on 3 June, 2019
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :03.06.2019
Coram
The Honourable Mr.Justice KRISHNAN RAMASAMY
C.S.(Comm.Div.)No.205 of 2019
and
O.A.Nos.289 & 290 of 2019
1.Aqua Pump Industries
rep. by its Managing Partner,
Mr.Ramaswamy Kumaravelu,
Thudiyalur Post,
Coimbatore 641 034,
Having their branch office at
New No.10, Old No.26,
Errabalu Chetty Street, Parrys Corner,
Chennai - 600 001.
2.Aqua Sub Engineering
rep. by its Managing Partner,
Mr.Ramaswamy Kumaravelu
Thudiyalur Post,
Coimbatore 641 034,
Having their branch office at
New No.10, Old No.26,
Errabalu Chetty Street, Parrys Corner,
Chennai - 600 001.
...Plaintiffs
Versus
Rakesh Parliya
Trading as Paras Electricals,
G-4, B.R.Goyal Trade Center,
67, Siyaganj,
Indore (M.P)
...Defendant
http://www.judis.nic.in
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Prayer:
Plaint filed under Order IV Rule 1 O.S.Rules and Order VII, Rule 1 of
the C.P.C read with Sections 27, 134 & 135 of the Trade Marks Act, 1999
seeking for the following reliefs:
(a) granting a permanent injunction, restraining the defendant, by
itself, their servants, agents, distributors, or anyone claiming through
them from manufacturing, selling, advertising and offering for sale using
the plaintiffs' registered Trade Mark TEXMO/AQUA formative marks/AQUA
TEQMO as such or prefix or suffix in any Electric cables and wires,
insulated copper wire, Electrical wires, Fuse wires, Electrical switches,
Switchgear (electric) & Electronic components used in apparatus,
Switchgear (electric), electrical and electronic control apparatus and
instructions or in any other goods manufactured and sold by the
defendant or its trading style or in any media and use the same in
invoices, letter heads and visiting cards or by using any other trade mark
which is in any way visually, or phonetically similar to the plaintiffs'
registered Trade Mark TEXMO/AQUA formative marks/AQUA TEQMO or in
any manner infringing the plaintiffs registered Trade Marks in respect of
the marks TEXMO and AQUATEX and other AQUA formative marks.
(b) granting a permanent injunction, restraining the defendant, by
itself, their servants, agents, distributors, or anyone claiming through
them from manufacturing, selling, advertising and offering for sale using
the Trade Mark TEXMO/AQUA formative marks/AQUA TEQMO as such or
with prefix or suffix in any Electric cables and wires, insulated copper
wire, Electrical wires, Fuse wires, Electrical switches, Switchgear (electric)
& Electronic components used in apparatus, Switchgear (electric),
electrical and electronic control apparatus and instruments or in any other
goods manufactured and sold by the defendant and its trading style or in
any media and used the same in invoices, letter heads and visiting cards
http://www.judis.nic.in
or by using any other trade mark which is in any way visually, or
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phonetically similar to the Plaintiffs Trade Mark TEXMO/AQUA formative
marks/ AQUA TEQMO or in any manner pass off the plaintiffs' goods.
(c) directing the defendant to surrender to the plaintiffs all the
goods, packing materials, cartons, advertisement materials and
hoardings, letter-heads, visiting cards, office stationery and all other
materials containing/bearing the Trade Mark AQUA TEQMO or other
deceptively similar to the plaintiffs' Trademark TEXMO/Aqua formative
marks,
(d) directing the defendant to render an account of profits made by
them by the use of the impugned trademark AQUA TEQMO on the goods
referred prayer (a) & (b) and decree the suit for the profits found to have
been made by the Defendant, after the defendant has rendered accounts
(e) directing the defendant to pay to the Plaintiffs the costs of the
suit.
For Plaintiffs : Ms.Gladys Daniel
For Defendant : Mr.T.D.Selvam Babu
JUDGMENT
Today(03.06.2019), when the matter is taken up for hearing, the learned counsel appearing for the plaintiffs submitted that the parties have resolved their disputes and he has also filed a Memo of Compromise dated 09.04.2019, before this Court.
2. The said Memo of Compromise reads as follows:
" 1. The terms plaintiffs and defendant shall mean and include their heirs, executors, administrators, successors and assignees of each party.
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2. The defendant submits to a judgment and decree as below:-
(a) granting a permanent injunction, restraining the defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the plaintiffs' registered Trade Mark TEXMO/AQUA formative marks/AQUA TEQMO as such or prefix or suffix in any Electric cables and wires, insulated copper wire, Electrical wires, Fuse wires, Electrical switches, Switchgear (electric) & Electronic components used in apparatus, Switchgear (electric), electrical and electronic control apparatus and instructions or in any other goods manufactured and sold by the defendant or its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically similar to the plaintiffs' registered Trade Mark TEXMO/AQUA formative marks/AQUA TEQMO or in any manner infringing the plaintiffs registered Trade Marks in respect of the marks TEXMO and AQUATEX and other AQUA formative marks.
(b) granting a permanent injunction, restraining the defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Trade Mark TEXMO/AQUA formative marks/AQUA TEQMO as such or with prefix or suffix in any Electric cables and wires, insulated copper wire, Electrical wires, Fuse wires, Electrical switches, Switchgear (electric) & Electronic components used in apparatus, Switchgear (electric), electrical and electronic control apparatus and instruments or in any other goods http://www.judis.nic.in manufactured and sold by the defendant and its trading style 5 or in any media and used the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically similar to the Plaintiffs Trade Mark TEXMO/AQUA formative marks/ AQUA TEQMO or in any manner pass off the plaintiffs' goods.
3. The defendant undertakes to withdraw the Trade Mark AQUA TEQMO under Application No.3847239 dated 30.05.2018 in Class 9 with respect to spurious Electric cables and wires, insulated copper wire, Electrical wires, Fuse wires, Electrical switches, Switchgear (electric) & Electronic components used in apparatus, Switchgear (electric), electrical and electronic control apparatus and instruments, advertised in the Trademark Journal No.1858 dated 16.07.2018 or any other application pending or registered which is not within the knowledge of the plaintiffs.
4. The defendant undertakes hereby not to assert any right in respect of the expression TEXMO/Aqua formative marks/AQUA TEQMO by filing Trademark Applications or using the same or similar sounding expression or its logo for any goods in future.
5. The defendant also undertake to withdraw any Application in respect of TEXMO/Aqua formative marks/AQUA TEQMO or any other similar sounding marks that have already been filed that is not within the knowledge of the plaintiffs.
6. The defendant shall not make any application for registration of the Trademark TEXMO/Aqua formative marks/AQUA TEQMO as such or with prefix or suffix in any goods manufactured and sold by the defendant in future.
7. The defendant undertakes not to oppose or initiate any Rectification proceedings against the plaintiffs' Trademark http://www.judis.nic.in Applications or their Registered Trademarks.
6KRISHNAN RAMASAMY, J., mrr In view of the decree for permanent injunction the plaintiffs have given up the reliefs contained in prayers c, d & e in para 21 of the suit including cost of the suit."
3. The aforesaid Memo of Compromise is taken on file and the same shall form part of the judgment.
4. This Civil Suit itself is decreed in terms of the Memo of Compromise filed by the plaintiff's counsel. However, there shall be no order as to costs. Consequently, connected Applications are closed.
03.06.2019 mrr Index : Yes/No To Rakesh Parliya Trading as Paras Electricals, G-4, B.R.Goyal Trade Center, 67, Siyaganj, Indore (M.P) C.S.(Comm.Div.)No.205 of 2019 and O.A.Nos.289 & 290 of 2019 http://www.judis.nic.in 7 http://www.judis.nic.in