Coromandel International Ltd., v. K.P.R.Fertilisers Limited.
Case brief
What is this about?
The High Court decreed a suit filed by Coromandel International Ltd against K.P.R. Fertilisers Limited for trademark, copyright, and passing off infringement. The dispute was resolved upon the defendant agreeing to change its gunny bag design to the plaintiff's satisfaction.
What did the court decide?
The suit is decreed; the defendant must surrender all infringing materials; parties bear their own costs.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 09.11.2017
Coram :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
C.S.No.802 of 2010 & A.Nos.6222 to 6224 of 2010 O.A.Nos.996 to 998 of 2010 A.No.5236 of 2010
Coromandel International Ltd., “Dare House”, 234, NSC Bose Road, Chennai 600 001, represented by its Vice President and Constituted Attorney Mr.P.Varadarajan ... Plaintiff -vsK.P.R. Fertilisers Limited, D.No.8-256, Tata Nagar, BB Puram, Bikkavolu 533 343, East Godavari District, Andhra Pradesh ... Defendant
Plaint filed under Order IV, Rule 1 O.S.Rules and Order VII, Rule 1 of the C.P.C., r/w.Section 27, 28, 29, 134 and 135 of Trade Marks Act 1999 and Section 55 and 62 of Copy Right Act, 1957 seeking;
(a) a perpetual injunction restraining the defendants, by themselves, its directors, legal representatives, men, servants, agents, distributors, stockists, wholesalers, retailers, representatives or any one claiming under it, from in any manner infringing the Plaintiff's trade mark device of a man with turban and lady with money and a bunch of crop in their hands label under
Issues for consideration
2 issues framed by the court
Whether the suit seeking injunction against trademark, copyright, and passing off infringement should be decreed upon settlement of parties.
Whether the defendant's design change satisfies the plaintiff to resolve the dispute.
Coram
Dr. Anita Sumanth
Case details
As recorded by the court registry
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