Madras High Court
Retail Royalty Company vs Bv Quality Certification Private ... on 16 April, 2019
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2019
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
Civil Suit (Comm. Div.) No.153 of 2019
1. Retail Royalty Company,
101, Convention Centre Drive,
Las Vegas, Nevada 89109,
United States of America,
represented by its Power of Attorney,
Shashi Chaudhri.
2. AEO Management Co.
77 Hot Metal Street,
Pittsburgh,
Pennsylvania, 15203,
represented by its Power of Attorney,
Shashi Chaudhri ...Plaintiffs
vs.
1. BV Quality Certification Private Limited,
Plot No.44, Door No.6,
4th Cross Street, NGO Colony,
Adambakkam, Kancheepuram,
Chennai 600 088.
2. Kesharia Agencies (Madras),
129/271, Thambu Chetty Street,
Parrys, Chennai 600 001. ... Defendants
Plaint filed under Order IV Rule 1 of O.S. Rules read with Sections 27, 134
and 135 of the Trademarks Act, 1999 and Sections 51, 55, 58 and 62 of the
Copyright Act, 1957.
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For Plaintiffs : Mr.Madhan Babu
For 1st Defendant : Mr.S.Shinu
For 2nd Defendant : Ms.T.R.Thara
JUDGMENT
This Civil Suit has been filed by the Plaintiffs seeking for the following reliefs:
(a) a perpetual injunction restraining the Defendants, their men, servants, agents, retailers, representatives, sister concerns, affiliates, or any other person claiming under/through it from in any manner infringing the Plaintiffs' registered mark/device/logo/artistic work of Eagle registered under No.1463555 by hosting websites/web pages, advertising, issuing Certification, rendering services, under the trademark by using the same as its name/trademark or part of its name/trademark and/or the mark/device/logo/artistic work either per-se or in combination and/or any other mark/device either in English or Tamil or any other language, which is identical with and/or deceptively similar to Plaintiffs' registered mark/device/logo/artistic work of Eagle registered under No.1463555 as shown in Plaint Document No.3, or in any other manner whatsoever;
(b) a perpetual injunction restraining the http://www.judis.nic.in 3 Defendants, their men, servants, agents, retailers, representatives, sister concerns, affiliates, or any other person claiming under/through it from in any manner by hosting websites/web pages, advertising, issuing Certification, rendering services, under the trademark by using the same as its name/trademark or part of its name/trademark and/or the mark/device/logo/artistic work either per-se or in combination and/or any other mark/device either in English or Tamil or any other language, as shown in Plaint Document No.3, which is identical with and/or deceptively similar to Plaintiffs' mark/device/logo/artistic work of Eagle as shown in Plaint Document No.5 or 8 or in any other manner whatsoever, so as to pass off the Defendants' services or business as and for that of the Plaintiffs or in any other manner whatsoever connected with the Plaintiffs;
(c) a perpetual injunction, restraining the Defendants, their distributors, stockists, servants, agents, retailers, representatives, sister concerns, affiliates, or any other person claiming under/through them from in any manner committing acts of copyright infringement by hosting websites/web pages, advertising, issuing Certification, rendering services by using the logo/artistic work as shown in Plaint Document No.3, as its name/trademark or part of its name/trademark either per-se or in combination http://www.judis.nic.in 4 and/or any other mark/label/device/logo/artistic work, which is identical with and/or deceptively similar to Plaintiffs' mark/device/logo/artistic work as shown in Plaint Document No.5 or in any other manner whatsoever;
(d) the Defendants be ordered to surrender to the Plaintiffs for destruction of all materials bearing the mark/label/device/logo/artistic work as shown in Plaint Document No.3 and/or any other mark/label/device/logo/artistic work, which is deceptively similar to the Plaintiffs' mark/label/device/logo/artistic work as shown in Plaint Document Nos.5 or 8.
(e) A preliminary decree be passed in favour of the Plaintiffs directing the Defendants to render account of profits made by carrying on business by use of mark/label/device/logo/artistic work as shown in Plaint Document No.3 either per-se or in combination and/or any other mark and/or any other mark/label/device/logo/artistic work, which is deceptively similar to the Plaintiffs' mark/label/device/logo/artistic work as shown in Plaint Document Nos.5 or 8 and a final decree be passed in favour of the Plaintiffs for the amount of profits thus found to have been made by the Defendants after the latter have rendered accounts;
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(f) The Defendants be jointly and severally ordered and decreed to pay to the Plaintiffs jointly and severally a sum of Rs.1,00,01,000/- (Rupees One Crore One Thousand only) as special damages for acts of passing off and infringement of trademark and copyright committed by them;
(g) costs of the suit;
2. Today, when the matter is taken up for hearing, learned counsel for the parties submitted that the Plaintiffs and the Defendants have settled the dispute and filed a Joint Memo of Compromise dated 09.04.2019 entered into between them.
3. Recording the same, this Civil Suit is decreed in terms of the Memorandum of Compromise. The Memorandum of Compromise dated 09.04.2019 shall form part of the Decree. No costs. Consequently, connected Original Application Nos.181 to 183 of 2019 are closed. Refund of Court fee to the Plaintiffs, as permissible under the Rules, is ordered.
16.04.2019
Index : Yes/No
Speaking Order : Yes/No
(aeb)
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S.VAIDYANATHAN,J.
(aeb)
C.S.No.153 of 2019
16.04.2019
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