Madras High Court
Aquapump Industries vs Mr. Dilip Kumar Jain on 31 January, 2025
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. (COMM. DIV.) No.243 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.01.2025
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. (COMM. DIV.) No.243 of 2024
1. Aquapump Industries
Tudiyalur Post,
Coimbatore 641034
and also at
No. 276/184, Linghi Chetty Street,
George Town,
Chennai 600001
Rep by its Managing Partner
Mr. Ramaswamy Kumaravelu
2. Aquasub Engineering
Tudiyalur Post,
Coimbatore 641034
and also at
No. 276/184, Linghi Chetty Street,
George Town,
Chennai 600001
Rep by its Managing Partner
Mr. Ramaswamy Kumaravelu ...... Plaintiffs
Versus
Mr. Dilip Kumar Jain
S/o. Amar Chand
25/1, 69th Cross Street,
Near Madduramma Temple,
17th E Main Road, 5th Block, Rajaji Nagar,
Bangalore 560010
Karnataka. .... Defendant
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C.S. (COMM. DIV.) No.243 of 2024
Prayer : PLAINT FILED UNDER ORDER IV RULE 1 O.S. RULES
AND ORDER VII, RULE 1 OF THE C.P.C. READ WITH SEC. 27, 134
& 135 OF THE TRADE MARKS ACT, 1999 prays for judgment and
decree which are as follows :-
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 Marks AQUA GROUP /
TEXMO, AQUATEX, AQUA GROUP TEXMO, AQUA GROUP –
AQUATEX, AQUASUB, AQUASUB ENGINEERING, AQUAPUMP &
AQUAPUMP INDUSTRIES as such or prefix or suffix in any Cables
and Wires, Electric Cables and Wires, Electric Wires and Cables or in
any other 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 identical or similar to the plaintiff's registered
Trade Marks under Nos.315049[SP-I] [SP-II], 315050[SP-I] [SP-II]
renumbered as 2702778, 2702779, 2702780, 2702781, 762990, 1214570,
1280903, 1280904, 1285017, 1285018, 1409010, 1453388, 1598337,
1961986, 1961987, 1983236, 3807955, 3809250, 6186416 or in any
manner infringing the plaintiffs Registered Trade Marks TEXMO AQUA
and other Aqua formative marks.
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C.S. (COMM. DIV.) No.243 of 2024
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 AQUA GROUP / ,
TEXMO, AQUATEX, AQUA GROUP TEXMO, AQUA GROUP –
AQUATEX, AQUASUB, AQUASUB ENGINEERING, AQUAPUMP &
AQUAPUMP INDUSTRIES as such or with prefix or suffix in any
Cables and Wires, Electric Cables and Wires, Electric Wires and Cables
or in any other 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 Marks
AQUA GROUP / ,
TEXMO, AQUATEX, AQUA GROUP TEXMO, AQUA GROUP –
AQUATEX, AQUASUB, AQUASUB ENGINEERING, AQUAPUMP &
AQUAPUMP INDUSTRIES or in any manner pass off the plaintiff's
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 Mark AQUA TEXMO /
or other marks deceptively similar to the plaintiffs' Trademark
TEXMO, AQUA and Aqua formative marks.
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C.S. (COMM. DIV.) No.243 of 2024
d) directing the Defendant to render an account of profits made by
them by the use of the impugned trademark AQUA TEXMO /
on the goods referred prayer (a) & (b) and decree the suit for the profits
found to have been made by the defendant, after the defendant has
rendered accounts.
e) directing the defendant to pay to the plaintiffs the costs of the
suit and
f) pass such further or other order, as this Court may deem fit and
proper in the circumstances of the case and thus render justice.
For Plaintiff : Ms.Gladys Daniel
JUDGEMENT
The learned counsel for the plaintiff has stated that the parties have amicably resolved the dispute amongst themselves. A Memorandum of Compromise, dated 14.01.2025 has been filed recording the terms of settlement. The Memorandum of Compromise, dated 14.01.2025 has been signed by all the parties to the dispute and counter-signed by the https://www.mhc.tn.gov.in/judis 4/6 C.S. (COMM. DIV.) No.243 of 2024 respective counsels. The same is recorded. In terms of the Memorandum of Compromise, dated 14.01.2025, this suit is decreed. The Memorandum of Compromise, dated 14.01.2025 shall form part of the judgment. No costs.
31.01.2025 Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2 https://www.mhc.tn.gov.in/judis 5/6 C.S. (COMM. DIV.) No.243 of 2024 ABDUL QUDDHOSE, J.
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