Madras High Court
Crystal Knitters vs Sonali Clothing Company on 25 September, 2014
Author: Aruna Jagadeesan
Bench: Aruna Jagadeesan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :25.09.2014 CORAM THE HONOURABLE MRS. JUSTICE ARUNA JAGADEESAN C.S.No.614 of 2001 1.Crystal Knitters, a partnership firm carrying on business at Crystal Gardens, 3/606, Nochipalayam Road, Veerapandi, Tirupur-641 605. 2.K.Venkatapathy 3.V.Vimala 4.Vijayasekar Trust rep. by its Trustee K.Venkatapathy 5.Shriprakash Trust rep. by its Trustee K.Venkatapathy 6.V.Vijayasekar 7.V.Shriprakash Plaintiffs 2 to 7 are impleaded as per order dated 11.02.2004 in A.No.525 of 2004 ... Plaintiffs Vs. 1.Sonali Clothing Company, 203, Panna Chambers, Swargate Corner, Shivaji Road, Pune-42. 2.M/s.Crystal Apparels Pvt. Ltd., 203, Panna Chambers, Swargate Corner, Shivaji Road, Pune-42. 3.New Fashion, C/4, Rams Building, 21, Raja Annamalai Road, Chennai-84. ... Defendants PRAYER: Plaint under Order IV Rule 1 of O.S. Rules r/w. Order VII Rule 1 of C.P.C. and Sections 27, 28, 105 & 106 of the Trade and Merchandise Marks Act, 1958 praying (a) to grant a decree of permanent injunction restraining the defendants from manufacturing, trading, selling, advertising or offering for sale, using the expression crystal in respect of all garments including sports wear, under wear and ready made garments or in any manner infringing the plaintiffs registered trade mark registered as trade mark in class 25 under trade mark numbers 461742 and 461743 or using any other expression which is in any way phonetically and deceptively similar to the plaintiffs registered trade mark crystal b) for a preliminary decree in favour of the plaintiff directing the defendants to submit an account of the profits made by them for the sale of garments and c) order cost of the suit. For Plaintiffs : Mr.R.Sunil Kumar For Defendant : Mr.Ashok Kumar J.Daga JUDGMENT
Memo of compromise entered into between the plaintiffs and defendants is filed. It is duly signed by the parties as well as the learned counsel for the parties. Both the parties along with their counsel are present. The contents of the memo of compromise reads as follows:
1.The first and second defendant undertake not to engage in activities relating to manufacturing, trading, selling, advertising or offering for sale, using the expression or mark crystal in respect of all garments including sportswear, under wear and readymade garments or in any manner infringing the plaintiffs registered trade mark registered as trademark in class 25 under trademark numbers 461742 and 461743 or using any other expression which is in any way phonetically and deceptively similar to the plaintiffs registered trade mark Crystal.
2.The first and second defendants consent to a decree for permanent injunction being passed in favour of the plaintiff restraining the first and second defendants from manufacturing, trading, selling, advertising or offering for sale, using the expression Crystalin respect of all garments including sportswear, under wear and readymade garments or in any manner infringing the plaintiffs registered trade mark registered as trademark in class 25 under trademark numbers 461742 and 461743 or using any other expression which is in any way phonetically and deceptively similar to the plaintiffs registered trade mark Crystal.
3.The plaintiffs undertake not to press the claim for damages against the first and second defendants.
2.Memo of compromise read over to the parties and they agreed to the terms of memo of compromise. Memo of compromise is recorded. The suit is decreed in terms of memo of compromise. In terms of the compromise, suit is dismissed as against the defendants 1 and 2 in so far as the relief of damages is concerned. Likewise, the suit against the third defendant is also dismissed as he is only a formal party. Memo of compromise filed by the parties shall form part of the decree. No costs. Registry is directed to return the original documents to the learned counsel appearing for the parties after substituting it with xerox copies.
25.09.2014 Index:Yes/No Internet:Yes/No DP ARUNA JAGADEESAN.J, DP C.S.No.614 of 2001 25.09.2014