A suit regarding trademark infringement and passing off entered into a compromise. The court recorded the undertaking and passed a decree in terms of the compromise memo without awards of costs.
Suit decreed in terms of the compromise; defendants undertook not to use the plaintiff's trademark; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.01.2017
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.331 of 2012 & A.Nos.4100 and 4101 of 2012 & OA.Nos.429, 430 and 431 of 2012
First Moon Exports Pvt. Ltd. Rep. by its Director.
.. Plaintiff
Versus
.. Defendant
The plaint is filed and numbered as Civil Suit, praying for a judgment and decree:
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For Plaintiff : Mr.G.Kalyana Jhabakh for M/s.Surana & Surana For Defendant : K.M.Asim Shehzad
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JUDGMENT
The parties entered a compromise between them and filed a memo of compromise. The defendant has given an undertaking not to use the trademark of the plaintiff and also agreed for passing a decree as prayed for in para 51 (a), (b) and (c) of the plaint. Accordingly, the compromise memo has been filed and the same is recorded. The suit is decreed in terms of the compromise entered into between the parties. The compromise memo shall form part of the decree. No costs. Consequently, all the applications are closed.
04.01.2017
Index: Yes/No Internet:Yes/No pvs
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N.Sathish Kumar, J., pvs
C.S.No.331 of 2012 & A.Nos.4100 and 4101 of 2012 & OA.Nos.429, 430 and 431 of 2012
04.01.2017
M/s. Best Brands (Women)
Ashok Bisani
Rashmi Bisani
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
