Madras High Court
Angel Christian Charitable vs Mr.Evans Francis on 19 March, 2021
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
C.S.No.349 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.03.2021
CORAM:
THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No.349 of 2020
Angel Christian Charitable
Foundation India,
Rep. by its Director Mr.Thomas Robinson
New No.36, H Block, 13th Main Road,
Anna Nagar, Chennai 600 040,
Tamil Nadu, India. ... Plaintiff
..Vs..
1.Mr.Evans Francis,
Shri. Om Apartment, Dr.Dwivedi Colony,
Gitti Khadan, Gorewada Road, Nagpur - 440013
Also At:
House No.394, Mecosabagh Christian Colony,
Near Gurunanak High School, Nagpur - 440004
Maharashtra, India
[email protected]
2.God TV Mobile Network LLP
Rep. by its Partner Mr.Evans Francis
House No.394, Mecosabagh Christian Colony,
Near Gurunanak High School, Nagpur - 440004
Maharashtra, India
[email protected]
3.Affordable Christian App Developers
Rep. by Mr.Evans Francis,
HB Nagar, Plot No.63,
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C.S.No.349 of 2020
Nagpur - 440017.
[email protected] ... Defendants
PRAYER : Plaint filed under and Order VII Rule 1 CPC read with Order
IV Rule 1 of the Original Side Rules of the Madras High Court, Section
2(1)(c)(xvii) read with Section 7 of the Commercial Courts Act, 2015,
Sections 11, 27, 29, 134 and 135 of the Trademarks Act, 1999, prayed for a
Judgment and Decree:-
(a) A permanent injunction restraining the defendants, their
proprietors, partners, directors, subsidiaries, affiliates, franchisees, officers,
employees, personnel, servants, agents, representatives, including
wholesalers, distributors, stockists and anyone acting for or on their behalf
from in any manner using the trademark or indulging in any dissemination of
contents, publication of any printed material and / or digital content,
communication, telecasting, broadcasting, uploading, streaming, sharing
content, information, audios, videos, and any other publication materials
under the mark GOD TV and / or GOD TV MOBILE NETWORK APP and /
or any mark identical or similar to the plaintiff's mark GOD TV and / or
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C.S.No.349 of 2020
GOD, amounting to infringement of plaintiff's Trademark under Nos.
1160863 in Class 16 and No. 1305502 in Class 38.
(b) A permanent injunction restraining the defendants, their
proprietors, partners, directors, subsidiaries, affiliates, franchisees, officers,
employees, personnel, servants, agents, representatives, including
wholesalers, distributors, stockists and anyone acting for or on their behalf
from in any manner using the trademark or indulging in any dissemination of
contents, publication of any printed material and / or digital content,
communication, telecasting, broadcasting, uploading, streaming, sharing
content, information, audios, videos, and any other publication materials
under the mark GOD TV and / or GOD TV MOBILE NETWORK APP and /
or any mark identical or similar to the plaintiff's mark GOD TV and / or
GOD, amounting to passing off of the defendants services as that of the
plaintiff's.
(c) An order directing the defendants to furnish all the data and
accounts of any and all transactions undertaken, goods sold, services
rendered and the profits obtained during the course of their business relating
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C.S.No.349 of 2020
to the rendering of services under the impugned trademark GOD TV and / or
GOD TV MOBILE NETWORK APP, to plaintiffs.
(d) An order directing the defendants to pay preliminary damages
for a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the plaintiff apart
from such damages as calculated upon accounts being rendered by the
defendants.
(e) An order for delivery up of any and all finished and / or
unfinished products, materials including signage, cards, stationery,
accessories, labels, brochures, books, printed materials including hoardings
and other material and software, source code, mobile applications data
including IDs and passwords bearing the impugned trademark or being used
in respect of the mark GOD TV and / or GOD TV MOBILE NETWORK
APP, or any mark identical with or deceptively similar to the plaintiff's
trademark GOD TV and / or GOD, by the defendants to the plaintiff for the
purpose of destruction.
(f) For costs of this suit.
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C.S.No.349 of 2020
For Plaintiff : Mr.N.C.Vishal
For Defendants : M/s.R.Rangarajan
*********
JUDGMENT
The Court must places it is very deep appreciation to the effort taken by the Mediator R.Thanjan who had devoted three sitting with the plaintiff and the defendants and was able to facilitate a settlement between them.
2. Pursuant to such settlement, the plaintiff and the defendant have filed in Court a Memo of Compromise. It is dated 12.03.2021. This Memo of Compromise has been signed by the Authorized Signatory on behalf of the plaintiff and by the Designated Partner on behalf of the Defendants and also by the learned counsel for the plaintiff and the learned counsel for the defendants.
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3. The learned counsels are present today. Their role in facilitating settlement is deeply appreciated. Along with the Memo of Compromise, a certified true copy of the resolution passed at the meeting of the Board of the Director of the plaintiff dated 04.03.2021 and an Affidavit of No Legal Proceedings have also been annexed.
4. The Original Deed of Assignment of Trademark and Copyright dated 09.03.2021 entered into between the plaintiff and the defendant has also been annexed along with the Memo of Compromise.
5. In view of the fact, that the parties had settled the issues between them, the suit is dismissed as Settled out of Court. No order as to costs. The original Memo of Compromise and its Annexures including the Deed of Assignment of the Trademark and Copyright and also the affidavit No Legal Proceedings and the Resolution passed at the Meeting of the Board of Directors shall form part of the Decree.
6. The learned counsel for the plaintiff placed a request that the Original Deed of Assignment of Trademark and Copyright may be returned. 6/8 https://www.mhc.tn.gov.in/judis/ C.S.No.349 of 2020 The learned counsel may file an application for return of the said document by producing an authenticated copy of the same to be substituted in the Court records. If such request is made in the correct procedure, Registry may examine the same.
7. With the above observation, the suit is dismissed as Settled out of Court. No order as to costs.
19.03.2021 Index : Yes / No Web : Yes / No rna 7/8 https://www.mhc.tn.gov.in/judis/ C.S.No.349 of 2020 C.V.KARTHIKEYAN, J rna C.S.No.349 of 2020 19.03.2021 8/8 https://www.mhc.tn.gov.in/judis/