Disposed

M/S.Ultra Tile Pvt. Ltd., v. M/S.Classic Designer Tiles

Madras HC12 Dec 2014CS/774/2011

Case brief

AI extract

What is this about?

In this suit for permanent injunction regarding trademark infringement, the defendants filed a memorandum of compromise signed on 11.12.2014. The Court recorded the compromise, modified certain terms where the plaintiff gave up claims for profits and costs, and disposed of the suit granting a decree in terms of the agreement.

What did the court decide?

Decree granted incorporating terms of the memorandum of compromise; injunction prayers (a-d) satisfied; plaintiff withdrew prayers (f-g) for profits and costs; no costs awarded.

M/S.Ultra Tile Pvt. Ltd., Vs M/S.Classic Designer Tiles — Intellectual Property | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :12.12.2014

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CORAM

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THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA

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C.S.No.774 of 2011

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M/s Ultra Tile Pvt., Ltd., New NO.11, Old no.54, Jawarharlal Nehru Road, 1^st Avenue, Ashok Nagar, Chennai – 600 083 rep. By its Director, M.V.Krishnamurthy .. Plaintiff

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Vs.

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1.M/s Classic Designer Tiles Pvt., Ltd., having registered office at Flat No.102, SKV's Spandana Apartments, Road No.6, Opp. Municipal Park, West Marredpally, Secundarabad – 500 026

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M/s Classic Tiles, No.67/9, 1^st Floor, 2^nd main,5^th cross Jabbar Block, Vyalikaval Main Road, Bangalore – 560 003

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T.V.Designer Tiles Pvt., Ltd., Flat No.101, SKV's parkview Apartment, Road No.6, Opp. MCH Park, West Warredpally, Secundarabad -26 Andhrapradesh ... Defendants PRAYER : Plaint under Order IV Rule 1 of O.S. Rules r/w. Order VII Rule 1 of C.P.C. and Sections 134 and 135 of Trade Marks Act, 1999 praying for (a) granting permanent injunction restraining the defendants by themselves, their men, their servants or agents or anyone claiming

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https://hcservices.ecourts.gov.in/hcservices/

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through them from in any manner infringing the plaintiff's registered trademark “CHATHURA” by using the offending trademark “CHATHURA”or any other mark or marks which are in any way identical, similar or deceptively similar or colourable imitation of the plaintiff's registered trademark “CHATHURA” (b) granting permanent injunction restraining the defendants by themselves, their men, their servants or agents or anyone claiming through them from in any manner infringing the plaintiff's registered trademark under no.1914413 being the shape & configuration of the tiles by using the offending shape and configuration as shown in Annexure 'A' to the plaint or any other shape and configuration which is similar or deceptively similar to that of the plaintiff's registered trademark under no.1914413 (c) granting permanent injunction restraining the defendant by themselves, their men, their servants or agents or anyone claiming through it from in any manner passing off their tiles as that of the plaintiff's by using the offending trademark “CHATHURA”or any other mark or marks which are in any way identical, similar or deceptively similar or colourable imitation of the plaintiff's registered trademark “CHATHURA”(d) granting permanent injunction restraining the defendant by themselves, their men, their servants or agents or anyone claiming through them from in any manner passing off their tiles as that of the plaintiff by using the offending shape and configuration of the plaintiff's tiles registered under no.1914413 or any other shape and configuration which is similar or deceptively similar to that of the plaintiff's registered trademark under no.1914413 (e) directing the

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https://hcservices.ecourts.gov.in/hcservices/

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defendants to surrender to the plaintiff the entire stock of unused offending trade mark CHATHURA tiles similar to that of the plaintiff tiles together with the brochures, blocks and dyes, name boards, signboards etc., for destruction; (f) directing the defendants to render a true and faithful accounts of the profits earned by them through the sale of offending tiles bearing the offending trade mark CHATHURA and directing payment of such profits to the plaintiff. (g) directing the defendants to pay to the plaintiff the costs of the suit. (h) grant such further or other relief.

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For Plaintiff : Mr.A.Prabhakar reddy M/s APR Associates. For Defendants : Mr.Anand Sashidharan JUDGMENT The suit is filed challenging the infringement by the defendants.

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2.Today, i.e, 12.12.2014, a memorandum of compromise dated 11.12.2014 signed by parties and respective counsels is filed. The memorandum of

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compromise is filed by the Director of the plaintiff and

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the authorised signatory of the defendants. Though the Memorandum of Compromise is filed by one V.Krishnamoorthy, who is the director of the Plaintiff

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https://hcservices.ecourts.gov.in/hcservices/

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Company, one G.Masilani, Accounts Manager who is the authorised to represent the company is present before this Court. On behalf of defendants one Chandrasekar, who is authorised signatory is present and the respective counsel are also present before this Court.

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3.It is prayed that the suit may be disposed of in terms of memorandum of compromise. The Memorandum of compromise dated 11.12.2014 is recorded and the conditions are as follows:-

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“1.) The defendants submit to the decree in terms of prayers (a)(b)(c) & (d) of paragraph 26 in the plaint.

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2. The defendants agreed to surrender all infringing articles within two weeks from the date of decree

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3. The defendants declares that they do not have any offending articles with them.

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4. The plaintiff has no further claim from the defendants.

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5. The plaintiff gives up the prayers (f) & (g) of paragraph 26 in the plaint.

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6. The parties shall bar their respective costs.

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Memorandum of compromise read over to the

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https://hcservices.ecourts.gov.in/hcservices/

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5 parties and they agreed to the terms of memo of compromise. The suit is disposed of in terms of Memorandum of Compromise and the same shall form part and parcel of the decree. There shall be a decree in terms of Memorandum of compromise. No costs.

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sd/.P.S.N.J
12.12.2014
//Certified to be a true copy//
Dated this the day of 2015.
R.s/10.08.2015 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies
of the Order/Judgment Decree in this format.

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https://hcservices.ecourts.gov.in/hcservices/

M/S.Ultra Tile Pvt. Ltd., v. M/S.Classic Designer Tiles

Case brief

What is this about?

What did the court decide?

M/S.Ultra Tile Pvt. Ltd., v. M/S.Classic Designer Tiles

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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