Madras High Court
Cavinkare Pvt. Limited-Trends ... vs P & P Associates on 21 November, 2022
Author: M.Sundar
Bench: M.Sundar
C.S.(Comm. Div.)No.77 of 2021
and A.Nos.3228, 3229 & 3230 of 2021
in C.S.(Comm. Div.)No.77 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21.11.2022
CORAM
THE HON'BLE Mr.JUSTICE M.SUNDAR
C.S.(Comm. Div.)No.77 of 2021
and
A.Nos.3228, 3229 & 3230 of 2021
in
C.S.(Comm. Div.)No.77 of 2021
Cavinkare Pvt. Limited-Trends Division,
12 Poonthamalee Road,
Ekkatuthangal, Chennai-600 032.
... Plaintiff
Vs.
1. P & P Associates,
a Partnership firm represented by
its Partner S.Pradeepraj,
No.133, Near HDFC Bank,
Amma Mandapam Main Road,
Srirangam, Tiruchirappalli-626 006.
2. S.Pradeepraj
Partner P & P Associates,
No.133, Near HDFC Bank,
Amma Mandapam Main Road,
Srirangam, Tiruchirappalli-626 006.
3. R.Prithiviraj
Partner P & P Associates,
No.133, Near HDFC Bank,
Amma Mandapam Main Road,
Srirangam, Tiruchirappalli-626 006.
... Defendants
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https://www.mhc.tn.gov.in/judis
C.S.(Comm. Div.)No.77 of 2021
and A.Nos.3228, 3229 & 3230 of 2021
in C.S.(Comm. Div.)No.77 of 2021
This Civil Suit is preferred under Order VII, Rule 1 of CPC and Order
IV, Rule 1 of O.S. Rules read with Sections 27, 28, 29, 134 and 135 of the
Trademarks Act, 1999 and Sections 51, 55, 62 of the Copyrights Act, 1957,
praying
(a) A permanent injunction restraining the defendants, by themselves,
its partners, men, servants, agents, distributors, stockiest, representatives or
any one claiming through or under them from in any manner infringing the
plaintiff's registered trademark GREEN TRENDS under No.2966630;
3681377, 4167924 in Class 44 by using the identical trademark GREEN
TRENDS or any other trademark deceptively similar to the plaintiff's
registered trademarks or in any other manner whatsoever;
(b) A permanent injunction restraining the defendants, by itself, its
partners men, servants, agents, distributors, stockiest, representatives or any
one claiming through or under them from in any manner committing acts of
copyright infringement by using, in the course of trade, artistic works which
are a substantial reproduction of Plaintiffs' copyright in colour scheme, get
up and layout for their products under the artistic work GREEN TRENDS or
in any other manner whatsoever;
(c) a permanent injunction restraining the Defendants, by itself, its
partners, men, servants, agents, distributors, stockiest, representatives or any
one claiming through or under them from in any manner passing off and/or
enabling others to pass off the Defendants' services under the trademark
GREEN TRENDS as and for the plaintiffs' services by using, offering for
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C.S.(Comm. Div.)No.77 of 2021
and A.Nos.3228, 3229 & 3230 of 2021
in C.S.(Comm. Div.)No.77 of 2021
services, selling, or carrying on business, displaying, printing, advertising
their services with a trademark GREEN TEAMS or any other trademark
which identical or similar to the plaintiff's trade mark GREEN TRENDS or
in any other manner whatsoever;
(d) The defendant be ordered to surrender to plaintiff for destruction of
all products, labels, cartons, dyes, blocks, moulds, screen prints, packing
materials and other materials bearing the trade mark GREEN TRENDS or
any mark deceptively similar to plaintiffs' registered trademark GREEN
TRENDS;
(e) A preliminary decree be passed in favour of the plaintiff directing
the defendants to render account of profits made by use of trademark
GREEN TRENDS and a final decree be passed in favour of the Plaintiffs for
the amount of profits thus found to have been made by the defendant after
the latter have rendered accounts;
(f) for costs of the suit; and
(g) pass such further or other relief as this Hon'ble Court deem fit and
necessary in the circumstances of the case and thereby render justice.
For Plaintiff : Mr.R.Sathish Kumar
For Defendants : Mr.T.Shanmugam
*****
JUDGMENT
This Judgement/common order will now dispose of the captioned main suit and captioned three applications. Page Nos.3/15 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021
2. To be noted, captioned matter is listed under the cause list caption 'FOR REPORTING SETTLEMENT'. In this judgment/order parties shall be referred to by their respective ranks in the main suit for the sake of convenience and clarity.
3. Mr.R.Sathish Kumar, learned counsel on record for the sole plaintiff and Mr.T.Shanmugam, learned counsel on record for all the three defendants are before this Commercial Division. Both learned counsel submit that the plaintiff and defendants have arrived at a settlement and they have reduced the terms of settlement to writing vide a 'Memorandum of Compromise entered between the plaintiff and defendants dated 12.11.2022' [hereinafter 'said MOC' for the sake of convenience and clarity].
4. A scanned reproduction of said MOC together with one Annexure notice dated 04.06.2022 is as follows: Page Nos.4/15
https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021 Page Nos.5/15 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021 Page Nos.6/15 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021 Page Nos.7/15 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021 Page Nos.8/15 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021 Page Nos.9/15 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021 Page Nos.10/15 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021 Page Nos.11/15 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021 Page Nos.12/15 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021
5. In paragraph 3 of said MOC, there is a reference to depiction of the mark that is to be used by the defendants i.e., changed mark. Though paragraph 3 says it is set out 'hereunder', it is not there in said MOC either as part of said MOC or as a Annexure. Both learned counsel submit on instructions that the depiction of the mark as agreed i.e., changed mark to be used by the defendants is as follows:
6. Aforementioned submissions made on instructions is recorded.
7. Be that as it may, both learned counsel request for dispensing with the presence of the parties for recording the said MOC inter alia on the following grounds:
(a) The individual, who verified pleadings/signed the plaint on behalf of plaintiff, has signed said MOC and likewise, 2nd Page Nos.13/15 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021 defendant who has signed vakalatnama for himself as well as defendants 1 and 3, has signed the said MOC;
(b) Both parties have signed said MOC in the presence of each other;
(c) There is personal inconvenience for the individuals concerned to be present before this Commercial Division today.
8. Considering the nature of the matter, the trajectory the case has taken and the nature of said MOC in the case on hand, request for dispensing with the presence of the parties is acceded to.
9. Captioned main suit is disposed of in terms of said MOC vide a decree in terms of said MOC which shall form part of the judgment/decree. Consequently, captioned 3 applications are disposed of as closed. There shall be no order as to costs.
21.11.2022 Index : Yes/No Speaking/Non-speaking order kmi Page Nos.14/15 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021 M.SUNDAR, J.
kmi C.S.(Comm. Div.)No.77 of 2021 and A.Nos.3228, 3229 & 3230 of 2021 in C.S.(Comm. Div.)No.77 of 2021 21.11.2022 Page Nos.15/15 https://www.mhc.tn.gov.in/judis