Madras High Court
Whirlpool Properties Inc vs / on 30 October, 2023
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. (COMM.DIV.) No.51 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 30.10.2023
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. (COMM.DIV.) No.51 of 2021
1.Whirlpool Properties INC,
represented herein by its
Power of Attorney Holder
Neeraj Mehta
2.Whirlpool of India Limited,
represented herein by its
Authorised Signatory
Neeraj Mehta .. Plaintiffs
/versus/
1.A.S.Associates,
represented by its Partners
Senthanarai Kannan and A.Purushothanan
2.V.V.Refrigeration,
represented by its Partners
Senthanarai Kannan and A.Purushothanan .. Defendants
Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original
Side Rules and Order VII Rule 1 of the Code of Civil Procedure 1908,
Sections 27(2), 28, 134 & 135 of the Trade Marks Act, 1999 and
Sections 51, 52 & 62 of the Copyright Act, 1957 and Section 7 of the
Commercial Courts Act No.4 of 2015 to pass a judgment and decree
against the defendants for the grant of
https://www.mhc.tn.gov.in/judis
1/5
C.S. (COMM.DIV.) No.51 of 2021
a)permanent/perpetual injunction against infringement of the
plaintiffs' 'WHIRLPOOL' and other WHIRLPOOL formative marks, by
restraining the defendants, their promoters, assigns, relatives, successors-
in-interest, licensees, franchisees, partners, representatives, servants,
distributors, employees, agents etc. or anyone associated with them from
using 'WHIRLPOOL' and other WHIRLPOOL formative marks or any
other mark identical with or deceptively similar to the plaintiffs'
registered and well-known marks 'WHIRLPOOL' and other
WHIRLPOOL formative marks as a logo design, trade mark, service
mark, house mark, trade name, trading style, corporate name, website,
domain name, e-mail address, business card or otherwise in any manner
whatsoever, including importing/exporting, so as to infringe the
plaintiffs' said trade marks;
b)permanent/perpetual injunction against infringement of the
plaintiffs' copyright, by restraining the defendants, their promoters,
assigns, relatives, successors-in-interest, licensees, franchisees, partners,
representatives, servants, distributors, employees, agents etc. or anyone
associated with them from using copyrighted material of plaintiffs;
c)permanent/perpetual injunction restraining the defendants, their
promoters, assigns, relatives, successors-in-interest, licensees,
franchisees, partners, representatives, servants, distributors, employees,
agents etc. or anyone associated with them from using 'WHIRLPOOL'
and other WHIRLPOOL formative marks and/or any mark identical with
or similar to the plaintiffs' 'WHIRLPOOL' and other WHIRLPOOL
formative marks in any manner whatsoever so as to pass off or enable
https://www.mhc.tn.gov.in/judis
2/5
C.S. (COMM.DIV.) No.51 of 2021
others to pass off their business as that of the plaintiffs or in some
manner convey a connection with the plaintiffs;
d)direct the defendants their promoters, assigns, relatives,
successors-in-interest, licensees, franchisees, partners, representatives,
servants, distributors, employees, agents etc. or anyone associated with
them not to pursue any trade mark application(s) that they may have filed
before any other competent body or government authority for obtaining
rights (statutory or otherwise) in plaintiffs' 'WHIRLPOOL' and other
WHIRLPOOL formative marks in any manner whatsoever including as a
trade/service mark, house mark, trade name, trading style, corporate
name, website, domain name, e-mail address or otherwise in any manner
whatsoever in relation to their business/products/services and further
restrain them from applying for or obtaining registration thereof;
e)direct the defendants their promoters, assigns, relatives,
successors-in-interest, licensees, franchisees, partners, representatives,
servants, distributors, employees, agents etc. or anyone associated with
them to deliver up to the plaintiffs for destruction their entire stationery,
letterheads, signage, reprographic material, brochures, literature or any
other material for advertising, selling or marketing any goods and/or
services bearing plaintiffs' 'WHIRLPOOL' and other WHIRLPOOL
formative marks and/or any mark similar to the plaintiffs'
'WHIRLPOOL', and other WHIRLPOOL formative marks;
f)direct the defendants to render a true and faithful account of the
profits made by using the 'WHIRLPOOL' and other WHIRLPOOL
formative marks post relinquishment of authorised service partner
https://www.mhc.tn.gov.in/judis
3/5
C.S. (COMM.DIV.) No.51 of 2021
agreement and the defendants be further ordered and directed to pay to
the plaintiffs' such amount as may be found due on such account being
taken;
g)the defendants be ordered and decreed to pay to the plaintiffs a
sum of Rs.30,00,000/- (Rupees Thirty Lakhs) as damages on account of
infringement of trade mark, infringement of copyright and passing off;
h)direct the defendants to pay to the plaintiffs' costs of the suit.
For Plaintiffs : Mr.P.Raj Kumar Jhabakh
For Defendants : Mr.R.Gopinath
JUDGMENT
Both the counsels have filed a Joint Memorandum of Compromise dated 31.08.2023. The parties to the dispute have agreed to settle the dispute in accordance with the Memorandum of Compromise dated 31.08.2023.
2.In terms of the Memorandum of Compromise dated 31.08.2023, this suit is disposed of. The Memorandum of Compromise dated 31.08.2023 shall form part of this judgment. No costs.
31.10.2023 vga https://www.mhc.tn.gov.in/judis 4/5 C.S. (COMM.DIV.) No.51 of 2021 ABDUL QUDDHOSE, J.
vga C.S. (COMM.DIV.) No.51 of 2021 31.10.2023 https://www.mhc.tn.gov.in/judis 5/5