The court recorded a Memorandum of Compromise between the plaintiff and defendant regarding trademark and copyright infringement. The suit was decreed in terms of the settlement agreement filed on 14.09.2018.
Suit decreed in terms of the Memorandum of Compromise dated 14.09.2018. No costs. All interlocutory applications closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 18.09.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.228 of 2018 & O.A.Nos. 339 and 341 of 2018 and A.No.3065 of 2018
Bharathi Consumer Care Products Pvt. Ltd, No. 42, Bhavani Ellaiamman Koil Street, Otteri, Chennai 600 012. Rep by its Chairman-cum-Executive Director Mr.A.Manickavel .. Plaintiff
Vs.
Ganesh Industries, Q-9, Industrial Area, Sedam - 585 222 Dist. Kalburgi, Karnataka state. .. Defendant
This Civil Suit is preferred, under Order IV Rule 1 of O.S. Rules and Order VII Rule 1 of CPC read with Sections 27, 28, 29, 134 and 135 of the Trademarks Act, 1999 & Sections 51, 55 and 62 of the Copyright Act, 1957, seeking a permanent injunction restraining the defendant by themselves, their directors, partners, legal representatives, successors in business, assigns, servants, agents, transporters, distributors, printers, stockists, wholesalers, dealers, retailers, advertisers or any one claiming through or under them from infringing plaintiff's registered trademark XXX by manufacturing, distributing, marketing, selling, offering for sale, advertising or in any other manner dealing in detergent powder, detergent cake, washing powder etc., or any other product bearing the deceptively similar trademark MAXX and almost identical package, wrapper, container, carton, label with colour scheme, getup, layout which are similar to plaintiff's registered trade mark XXX along with distinctive trade dress in any manner whatsoever; seeking a permanent injunction restraining the defendant by themselves, their directors, partners, their legal representatives, successors in business, assigns, servants, agents, transporters, distributors, printers, stockists, wholesalers, dealers, retailers, advertisers or any one claiming through or under them from committing acts of copyright infringement by making substantial reproduction of the plaintiff's copyright in the artistic work XXX LABEL by use of identical colour scheme of red, white and yellow with metallic blue background for their MAXX package/wrapper or in any manner whatsoever; seeking a permanent injunction restraining the defendant by themselves, their directors, partners, legal representatives, successors in business, assigns, servants, agents, transporters, distributors, printers, stockists, wholesalers, dealers, retailers, advertisers or any one claiming through or under them from committing acts of passing off and enabling other to pass off by manufacturing, distributing, marketing, selling, offering for sale, advertising or in any other manner dealing in detergent powder, detergent cake, washing powder etc., or any other product bearing the deceptively similar
trademark MAXX and almost identical package, wrapper, container, carton, label with colour scheme, getup, layout which are similar to plaintiff's trade dress & get up in XXX package/wrapper in any manner whatsoever; seeking the defendant be ordered to surrender to the plaintiff for destruction, all containers, pouches, prints, dies, blocks, moulds and plates, screen prints, packing and advertising material and any other material in their possession, bearing the mark MAXX which is a substantial reproduction of the plaintiff's trade dress & get up and copyright in the artistic work XXX package/wrapper; seeking a preliminary decree be passed in favour of the plaintiff directing the Defendant to render account of profits made by use of trademark MAXX label and the identical artistic work therein and final decree be passed in favor of the plaintiff for the amount of profits thus found to have been made by the defendant, after the latter have rendered accounts; seeking the defendant be ordered to pay to the plaintiff a sum of Rs.1,00,000/- as damages for their wrongful and illegal activities by use of trademark MAXX label and artistic work therein and for costs. For Plaintiffs : Ms.R.Prashanthi for Mr.Arun C.Mohan
For Defendants : Mr.S.Patrick for Mr.A.Swaminathan
JUDGMENT
There is a sole plaintiff and a sole defendant in this suit.
Suit decreed on above terms. No costs. Consequently, all interlocutory applications are closed. 18.09.2018 Index : Yes/No gpa/kan
M.SUNDAR, J. gpa/kan
C.S.No.228 of 2018 & O.A.Nos. 339 and 341 of 2018 and A.No.3065 of 2018 in
18.09.2018
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
