Allowed

M/S.Grb Dairy Food Pvt.Ltd., v. S. Sudhakar

Madras HC10 Oct 2014WP/12963/2014

Case brief

AI extract

What is this about?

The court disposed of writ petitions challenging IPAB orders regarding trade mark cancellation. Based on a filed Memorandum of Compromise mediated by a Senior Advocate, the court allowed specific trade mark registrations and directed the Registrar of Trade Marks to incorporate conditions.

What did the court decide?

Writ petitions disposed of by allowing trade mark registrations to continue; directions issued to Registrar of Trade Marks to incorporate conditions specified in the Memorandum of Compromise.

M/S.Grb Dairy Food Pvt.Ltd., Vs S. Sudhakar — Contract and Commercial Disputes | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.10.2014

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CORAM

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THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE

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and THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN

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W.P.Nos.12963 and 12964 of 2014

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and M.P.Nos.1 of 2014 (2 Nos.)

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M/s.GRP Dairy Food Pvt. Ltd., No.10, III Phase, SIDCO Industrial Estate, Hosur. .. Petitioner in both WPs. vs

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1.S.Sudhakar

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2.The Asst. Registrar of Trade Marks, Trade Marks Registry, IPR Building, Industrial Estate, SIDCO RMD Godown Road, Near Eagle Flask Factory, G.S.T. Road, Guindy, Chennai.

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3.The Intellectual Property Appellate Board, Annex I, 2nd Floor, Guna Complex, 443, Anna Salai, Teynampet, Chennai. .. Respondents in both WPs.

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Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records relating to the order of the Intellectual Property Appellate Board dated 04.04.2014 made in ORA/138/2010/TM/CH and ORA/139/2010/TM/CH and quash the same and to direct the 3rd respondent not to cancel/re-enter trade mark registration No.785124 and 1077180 in Class 29 for the trademark / label Udhayam from / in the Register of Trademarks.

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For Petitioner .. Mr.Arun C.Mohan For Respondents .. Mr.Madhan Babu for Mr.Sathish Parasaran for R-1

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

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O R D E R

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(Order of the Court was made by The Hon'ble Chief Justice)

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The parties are at lis against each other on account of allegations of infringement of trade mark and passing off qua the trade mark 'Udhaiyam' or 'GRB Udhayam'. This has given rise to different proceedings and the present writ petitions arise from the proceedings of the Intellectual Property Appellate Board (IPAB).

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2.The parties were referred to mediation of Mr.Arvind P.Datar, learned Senior Advocate. The parties have resolved their disputes and a Memorandum of Compromise dated 08.10.2014 has been filed in these writ petitions. In terms of the memorandum, while the suits are sought to be decreed in terms of the memorandum, the present writ petitions are sought to be disposed of in terms of para 13, which reads as under:

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"13.W.P.Nos.12963 and 12964 of 2014 shall be disposed off by allowing the registrations of the party of the second part under TM No.785124 dt: 06.01.1998 for the label-mark "UDHAYAM GHEE" and TM No.1077180 dt: 31.01.2002 for the label-mark "GRB's Udhayam Ghee" to continue by directing the Registrar of Trademarks to incorporate the condition mentioned in clause 8 hereinabove to the said registrations under TM No.785124 dt: 06.01.2998 for the label-mark "UDHAYAM GHEE" and TM No.1077180 dt: 31.01.2002 for the label-mark "GRB 's Udhayam Ghee" and pass such further orders as it may deem appropriate to effect the terms contained herein."

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3.The Memorandum of Compromise is signed by the parties and their counsels. The authorised representative of the parties are present in Court, as identified by the Counsels.

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4.In view of the aforesaid, the settlement is recorded and these writ petitions are disposed of in terms of the Memorandum of Compromise as prayed for in para 13. As a sequitur, the Registrar of Trade Marks would incorporate the condition mentioned in clause 8 of the Memorandum of Compromise, for which we issue directions.

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5.We appreciate the role played by Mr.Arvind P.Datar, learned Senior Advocate, as a Mediator to resolve the disputes.

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

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6.The memorandum of compromise shall form part of the order. No costs. Consequently, M.P.Nos.1 and 1 of 2014 stand closed.

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[Xerox copy of Memorandum of compromise attached herewith]

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Sd/-
Asst. Registrar[cs.ii]
Dt/-27/10/2014
/true copy/
Sub Asst. Registrar.
sra
To
The Intellectual Property Appellate
Board, Annex I, 2nd Floor,
Guna Complex, 443, Anna Salai,
Teynampet, Chennai.
+1cc to Mr.Arunmohan,Advocate SR.No.48810
+1cc to Mr.Sathish Parasaran , Advocate SR.No.48445
W.P.Nos.12963 and 12964
of 2014
js[co]
gp/27.10

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

M/S.Grb Dairy Food Pvt.Ltd., v. S. Sudhakar

Case brief

What is this about?

What did the court decide?

M/S.Grb Dairy Food Pvt.Ltd., v. S. Sudhakar

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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