Madras High Court
The Good Stuff Private Limited vs Golden Chocolates Pvt.Ltd on 18 February, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div.)No.565 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.)No.565 of 2019
1.The Good Stuff Private Limited
Rep.by its Executive Vice President Kamal Kumar Agarwal,
No.302, Anna Salai, Teynampet,
Chennai 600 006
(AMENDED AS PER ORDER DATED 09.07.2024 IN A.NO. 2854/2024)
2.Dharampal Satyapal Foods Limited
Rep.by its Authorized Signatory Ms.Saurabh Mishra,
No.4828/24, Plot No.2, G/F Basement, Ward No.XI,
Darya Ganj, New Delhi 110 002. ... Plaintiffs
-vs-
Golden Chocolates Pvt.Ltd.
Rep.by its Managing Director,
No.10123, First Floor, Katra Tezab,
Library Rd. Azad Market, Delhi-110 006. ... Defendant
PRAYER: Civil Suit (Commercial Division) is filed under Order IV Rule 1
Original Side Rules Read With Order VII Rule 1 CPC, Section 7 of the
Commercial Courts Act, 2015 and Sections 27, 28, 29, 134 & 135 of the
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C.S.(Comm.Div.)No.565 of 2019
Trade Marks Act, 1999, pleased to pass a Judgment and Decree as follows:
(A) Granting permanent injunction restraining the Defendant by
themselves, their servants, agents representatives or men, or anyone
claiming through them from in any manner infringing the plaintiff's Trade
Mark “LUVIT DAIRY RICH” bearing registration No.2883870 distinctive
element/part thereof DAIRY RICH in respect of goods under Class 30 of the
NICE Classification, Trade Marks Act, 1999, including Toffee, chocolates,
confectionary products, by using any identical, similar or deceptively similar
or any resembling mark and label on their product, advertisement, packaging
wrapper together with any other representation or words which are in any
manner identical to and deceptively similar with the registered mark of the
plaintiff and its essential element/parts, including colour scheme, packaging,
get up, trade dress, label, write up and wrapper on any of the defendant
product or advertisement under the mark APPEAL DAIRY RICH for
Toffee, chocolates, confectionary products and chewing gum (non-
medicated) in any manner whatsoever;
(B) Granting permanent injunction restraining the defendant by
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C.S.(Comm.Div.)No.565 of 2019
themselves, their servants, agents representatives or men, or anyone
claiming through them from in any manner passing off the plaintiff's Trade
Mark LUVIT DAIRY RICH bearing registration no.2883870 and its
distinctive element/part thereof DAIRY RICH in respect of goods under
Class 30 of the NICE Classification, Trade Marks Act, 1999, including
Toffee, chocolates, confectionary products, by using any identical, similar or
deceptively similar or any resembling mark and label on their product,
advertisement, packaging wrapper together with any other representation or
words which are in any manner identical to and deceptively similar with the
registered mark of the plaintiff and its essential element/parts, including
colour scheme, packaging, get up, trade dress, label, write up and wrapper
on any of the defendant product or advertisement under the mark APPEAL
DAIRY RICH for Toffee, chocolates, confectionary products and chewing
gum (non-medicated) in any manner whatsoever;
(Paragraph 33(A) and (B) amended as per order dated 29.03.2023 in
A.No.1881 of 2023)
(C) Directing the defendant to surrender to the plaintiff the entire
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C.S.(Comm.Div.)No.565 of 2019
stock of unused offending Appeal DAIRY RICH and unused wrappers,
packaging material, advertisement and promotional material together with
blocks and dyes for destruction;
(D) A Direction appointing an Advocate Commissioner to seize
wherever found the offending labels and products and their dyes with the
defendant's mark APPEAL DAIRY RICH and all deceptively similar and
offending labels and destroy them under report to this Hon'ble Court.
(E) A Direction to the defendant to render a true and faithful account
of the profits earned by it through the sale of the offending Toffee,
chocolates, confectionary products and chewing gum bearing the offending
trade mark APPEAL DAIRY RICH and directing payment of such profits to
the plaintiff for infringement and passing off committed by the defendant.
(F) Directing the defendant to pay to the plaintiff the cost of the suit.
For Plaintiff : Mr.N.C.Vishal
for M/s.K.Premchandar
For Defendant : Ms.N.Devi
**********
JUDGMENT
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https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.)No.565 of 2019 The parties arrived at a settlement and reported such settlement to the Division Bench of this Court. Such settlement was recorded in judgment dated 30.01.2025 in OSA(CAD) Nos.5 & 6 of 2022. As per paragraphs 7 and 8 of such judgment, the defendant herein submitted to a judgment and decree, as prayed for, in paragraphs 33(a) and (b) of the plaint. The plaintiffs agreed to relinquish the request in terms of paragraphs 33(c), (d),
(e), (f) and (g) of the plaint.
2. Accordingly, C.S.(Comm.Div.) No.565 of 2019 is decreed in terms of prayers in paragraphs 33(a) and (b) of the plaint. In view of the settlement, the parties shall bear their respective costs.
18.02.2025 (1/2) rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No 5/6 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.)No.565 of 2019 SENTHILKUMAR RAMAMOORTHY,J rna C.S.(Comm.Div.) No.565 of 2019 18.02.2025 (1/2) 6/6 https://www.mhc.tn.gov.in/judis