Madras High Court
Aqua Pump Industries vs Taxmo Aqua Engineering India Private ... on 24 July, 2017
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2017
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No.137 of 2017
and O.A.Nos.200 and 201 of 2017
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
Taxmo Aqua Engineering India Private Limited
Near Tube Bell,
Bhairoganj, Bhagat Singh Ward,
Seoni - 480 661,
Madhya Pradesh ... Defendant
Plaint filed under Order IV Rule 1 of Original Side Rules and Order VII Rule 1 of C.P.C. r/w Sec. 27, 134 & 135 of the Trade Marks Act 1999 prays for (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 plaintiff's registered Trade Mark TEXMO along with inverted triangle as such or prefix or suffix in any pumps and motors or in any related 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/TEXMO along with inverted triangle or in any manner infringing the plaintiffs Registered Trade Mark Nos.315049 (SP-I), (SP-II) & 315050 (SP-I), (SP-II) renumbered as 2702778, 2702779, 2702780 & 2702781 respectively, (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/TAXMO along with triangle as such or with prefix or suffix in any pumps and motors or in any related goods manufactured and sold by the defendant and 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 Trade Mark TEXMO/TEXMO along with inverted triangle 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 TAXMO or other deceptively similar to the plaintiffs trade mark TEXMO/TEXMO along with inverted triangle, (d) directing the defendant to render an account of profits made by them by the use of the impugned trade mark TAXMO along with triangle on the goods referred and decree the suit for the profits found to have been made by the defendant, after the defendant has rendered accounts and (e) directing the defendant to pay to the plaintiffs the costs of the suit.
For Plaintiffs : M/s.C.Daniel & Gladys Daniel
For Defendant : Mr. Inthu Karunakaran
J U D G M E N T
Very satisfactorily, the parties had appeared before the Mediation and Conciliation Centre and had entered into a Memorandum of Compromise. The Memorandum of Compromise is available in the Court. The memo has been signed by both the plaintiffs and also by the defendant in each page. The learned counsel for the plaintiffs and the learned counsel for the defendant have also signed in the Memorandum of Compromise.
2. The terms of memorandum of compromise are recorded, which is as follows:
1. The terms plaintiffs and defendant shall mean and include their heirs, executors, administrators, successors and assignees of each party.
2. The defendant submits to a Judgment and Decree as prayed for in terms of prayer (a) & (b) of para 19 of the plaint for
(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 plaintiff's registered Trade Mark TEXMO along with inverted triangle as such or prefix or suffix in any pumps and motors or in any related 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/TEXMO along with inverted triangle or in any manner infringing the plaintiffs Registered Trade Mark Nos.315049 (SP-I), (SP-II) & 315050 (SP-I), (SP-II) renumbered as 2702778, 2702779, 2702780 & 2702781 respectively.
(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/TAXMO along with triangle as such or with prefix or suffix in any pumps and motors or in any related goods manufactured and sold by the defendant and 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 Trade Mark TEXMO/TEXMO along with inverted triangle or in any manner pass off the plaintiffs' goods.
3. The defendant shall not use or file any Trademark Application for registration of the Trade Marks TAXMO/TEXMO/AQUA ENGINEERING/INVERTED TRIANGLE and also undertake hereby not to assert any right in respect of the expression TAXMO/TEXMO/AQUA ENGINEERING/INVERTED TRIANGLE by filing Trademark Applications or using the same or similar sounding expression for any goods or services in future. The defendant also undertakes to withdraw Trademark Application No.3146486 in Class 35 and any application in respect of TAXMO/TEXMO/AQUA ENGINEERING/INVERTED TRIANGLE or any other similar sounding marks that is not within the knowledge of the plaintiffs.
3. The above said terms of compromise are recorded. Decree is passed in accordance with the compromise. The Memo of Compromise shall form part of the decree. Suit is decreed. No Costs. Corresponding applications are all dismissed.
24.07.2017
Speaking / Non-speaking Order
Index : Yes/No
srn/rsi
C.V.KARTHIKEYAN, J.
srn/rsi
C.S.No.137 of 2017
24.07.2017