Madras High Court
Adventnet Inc vs Shri. Yogender Singh on 15 March, 2021
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
C.S.No.21 of 2021, O.A.No.41 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2021
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No.21 of 2021
and O.A.No.41 of 2021
1.Adventnet Inc.,
Presently known as T & V Holding Inc.,
4141, Hacienda Drive, Pleasanton,
California , 94588 Herein represented by
its Chief Financial Officer Mr.Jai Anand.N
2.Zoho Corporation Private Limited,
Estancia IT Park,
Plot No.140, 151, Vallancheri Village,
Guduvancherry, Kanchipuram - 603 202.
Herein represented by its Whole Time Director,
Mr.N.Jai Anand. ... Plaintiffs
..Vs..
Shri. Yogender Singh,
House No.1413, Sector - 9,
Faridabad, Hariyana. ... Defendant
PRAYER : Plaint filed under and Order IV Rule 1 of Original Side Rules
and Order VII Rule 1 of CPC, Sections 27(2), 134 and 135 of the
Trademarks Act, 1999 and Section 7 of the Commercial Courts, Commercial
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C.S.No.21 of 2021, O.A.No.41 of 2021
Division and Commercial Appellate Division of High Courts Act No.4 of
2016, prayed for a Judgment and Decree:-
(a) For a decree of permanent injunction restraining the Defendant
by themselves as also through their individual partners / proprietors,
directors, agents, representatives, distributors, dealers, assigns, stockiest etc.,
and all others acting for and on behalf of the defendant from selling, using,
displaying, advertising, importing / exporting, online sale & marketing or by
any other mode on or manner passing off the plaintiff's trademark
"ZOHOSALESIQ AND SALESIQ" by using the offending trademark / trade
name "SalesIQ" or any other trademark / name which is similar or in any
way deceptively similar to or a colourable imitation of the plaintiff's
trademark "ZONOSALESIQ AND SALESIQ" either by online sale or
marketing software or any products or services or in any manner advertising
the same.
(b) For an order of delivery upto the defendant to surrender the
entire stock of unused offending products under the trademark / name
"SalesIQ" together with domain rights, software, including the compact
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C.S.No.21 of 2021, O.A.No.41 of 2021
discs, DVDs, Pen Drive / Flash Drive, cartons, labels, name boards, printing
blocks, boxes etc., bearing the trade mark / name "SalesIQ" for destruction /
erasure to the plaintiff.
(c) For an order of rendition of accounts of profits earned by the
Defendant by their impugned illegal trade activities and a decree for the
amount so found in favour of the plaintiff on such rendition of accounts.
(d) For costs of this Suit.
For Plaintiffs : Ms.N.Devi
*********
JUDGMENT
The learned counsel for the plaintiff has filed the following memo.
"The counsel for plaintiff submits that the defendant above names sent the memo of undertaking dated 25.02.2021 which was received by the Counsel on record for plaintiff and the same was filed before this Hon'ble Court on 03.03.2021 along with the postal cover.3/6
https://www.mhc.tn.gov.in/judis/ C.S.No.21 of 2021, O.A.No.41 of 2021 I therefore humbly pray that this Hon'ble Court may be pleased to record the memo of undertaking filed by the defendant and decree the suit in terms of the said memo of undertaking by the defendant.
Dated this 8th day of March 2021.
sd/---, Counsel for Plaintiff."
3. The learned counsel for the plaintiff also filed a memo of undertaking filed by the defendant which is as follows:
"The defendant above named submits for a decree of permanent injunction restraining the Defendant by himself as also through his individual partners / proprietors, directors, agents, representatives, distributors, dealers, assigns, stockiest etc., and all others acting for and on behalf of the defendant from selling, using, displaying, advertising, importing / exporting, online sale & marketing or by any other mode on or manner passing off the plaintiff's trademark "ZOHOSALESIQ AND SALESIQ" by using the offending trademark / trade name "SalesIQ" or any other trademark / name which is similar or in any way deceptively similar to or a colourable imitation of the plaintiff's trademark "ZONOSALESIQ AND SALESIQ" either by online sale or 4/6 https://www.mhc.tn.gov.in/judis/ C.S.No.21 of 2021, O.A.No.41 of 2021 marketing software or any products or services or in any manner advertising the same and That the defendant also agrees for the cancellation / removal of the registered Trademark No.3964334 in class - 09 of the Register of Trade Marks.
In terms of the above I humbly pray that this Hon'ble Court may be pleased to pass a Judgment and decree in favour of the plaintiffs.
Dated this 25th day of February 2021.
sd/---, Defendant."
4. In view of these facts, suit is decreed with respect to relief (a) and dismissed with respect to relief (b), (c) and (d). Hence, suit is partly decreed. No order as to costs. Connected application is closed.
15.03.2021 Index : Yes / No Web : Yes / No rna 5/6 https://www.mhc.tn.gov.in/judis/ C.S.No.21 of 2021, O.A.No.41 of 2021 C.V.KARTHIKEYAN, J rna C.S.No.21 of 2021 and O.A.No.41 of 2021 15.03.2021 6/6 https://www.mhc.tn.gov.in/judis/