Madras High Court
Vidyothsahi Educational And ... vs Samina Mahmood on 31 August, 2023
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
(T)OP(TM).Nos.489 to 492 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
(T)OP(TM).Nos.489, 490, 491, 492 of 2023
(ORA/SR.37, 38, 39, 40/2021/TM/CH)
Vidyothsahi Educational and Charitable Trust,
Represented by its Managing Trustee
Mr.Naveen Mahesh,
having office at Wing Haven Garden,
Thalambur Link Road,
Karanai, CHennai – 600 130. ...Petitioner
in all petitions
Vs.
1.Samina Mahmood
2.The Registrar of Trademarks,
Intellectual Property Building,
G.S.T. Road, Guindy,
Chennai – 600 032. ...Respondents
in all petitions
Prayer in (T)OP(TM).No.489/2023: Transfer Original Petition (Trademarks)
filed under Section 125 of Trade Marks Act, 1999 praying to revoke the
impugned trademark HEADSTART Application No.2798292 under Class 16
that has been wrongfully registered by the respondent.
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(T)OP(TM).Nos.489 to 492 of 2023
Prayer in (T)OP(TM).No.490/2023: Transfer Original Petition (Trademarks)
filed under Section 125 of Trade Marks Act, 1999 praying to revoke the
impugned trademark HEADSTART Application No.2798294 under Class 16
that has been wrongfully registered by the respondent.
Prayer in (T)OP(TM).No.491/2023: Transfer Original Petition (Trademarks)
filed under Section 125 of Trade Marks Act, 1999 praying to revoke the
impugned trademark HEADSTART Application No.2798295 under Class 41
that has been wrongfully registered by the respondent.
Prayer in (T)OP(TM).No.492/2023: Transfer Original Petition (Trademarks)
filed under Section 125 of Trade Marks Act, 1999 praying to revoke the
impugned trademark HEADSTART Application No.2798293 under Class 41
that has been wrongfully registered by the respondent.
For Petitioner
in all petitions : Mr.D.Prasanna
for M/s.Swapna Sundar
For R2
in all petitions : Mr.S.Janarthanam
Senior Panel Counsel
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(T)OP(TM).Nos.489 to 492 of 2023
COMMON ORDER
Learned counsel for the petitioner has placed on record the decree issued by the Principal City Civil and Sessions Judge, Bengaluru, in O.S.No.3639 of 2020. The said decree is in terms of the memorandum of compromise executed by and between the petitioner herein, which was the second defendant therein, and the second plaintiff therein, who is the respondent herein.
2. In relevant part, the memorandum of compromise provides as under:-
"B. The Defendants undertake not to infringe, use or adopt the registered Trademarks 'Head Start' or 'Headstart' (as well as its deceptively similar variants) of the plaintiffs and not to pass off their educational services as those of the Plaintiffs educational services by using or adopting the said registered marks of the Plaintiffs;
C. The Defendants affirm that they have ceased and will forever refrain from using or displaying the Plaintiffs' Trademarks, including the names "Head Start" or ""Headstart" in any manner whatsoever, including, without prejudice to the generality of the foregoing, in any and all kinds of communication (written or oral), Page 3 of 6 https://www.mhc.tn.gov.in/judis (T)OP(TM).Nos.489 to 492 of 2023 correspondence, stationery, signage, display boards, brochures, application forms, websites, URLS, web pages, email Ids, or metadata."
3. In view of the above agreement and undertaking on the part of the petitioner herein, the petitioner is no longer in a position to prosecute the petitions. By taking note of the aforesaid developments, (T)OP(TM) Nos.489, 490, 491 and 492 of 2023 are dismissed without any order as to costs.
31.08.2023 Index:No Speaking order Neutral Citation:No rjr/hvk Page 4 of 6 https://www.mhc.tn.gov.in/judis (T)OP(TM).Nos.489 to 492 of 2023 To The Registrar of Trademarks, Intellectual Property Building, G.S.T. Road, Guindy, Chennai - 600 032.
Page 5 of 6https://www.mhc.tn.gov.in/judis (T)OP(TM).Nos.489 to 492 of 2023 SENTHILKUMAR RAMAMOORTHY,J.
hvk (T)OP(TM).Nos.489, 490, 491 and 492 of 2023 (ORA/SR.37, 38, 39 and 40/2021/TM/CH) 31.08.2023 Page 6 of 6 https://www.mhc.tn.gov.in/judis