Hatsun Agro Product Ltd., v. M/s Om Sakthi Oil Industries
Case brief
What is this about?
The Commercial Division disposed of a trade mark infringement suit filed by Hatsun Agro Product Ltd. against M/s. Om Sakthi Oil Industries based on a Memorandum of Compromise dated 10.12.2018, directing a decree in terms of the settlement.
What did the court decide?
Suit decreed in terms of the Memorandum of Compromise dated 10.12.2018, including relinquishment of trademark rights and specific performance of undertakings to stop use.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 10.12.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.231 of 2018
&
O.A.Nos.349 and 350 of 2018
Hatsun Agro Product Ltd.,
Having registered office at,
No.1/20-A, Rajiv Gandhi Salai (OMR),
Karapakkam, Chennai – 600 097
And also carrying on its business at,
Old No.AD-83/ New NO.AD13,
Anna Nagar, Opp. IOB Towers Branch,
Chennai – 600 040 .. Plaintiff
Vs.
M/s. Om Sakthi Oil Industries
Main Road, Varichikududi
PIN – 609 6009 .. Defendant
Plaint filed under Order VII Rule 1 of CPC read with Order IV Rule 1 of High Court O.S. Rules and Section 134 and 135 of the Trade Marks Act, 1999 and Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 seeking permanent injunction restraining the defendant by itself, its agents, servants or any one claiming through it from in any manner infringing the Plaintiff's Trade Marks “AROKYA” by using the trade mark “AROKYA” or any other mark or marks which are in any way identical or deceptively similar or colourable imitation of the plaintiff's registered trademarks as described in the schedule to the plaint; for permanent injunction restraining the defendant by itself, its servants or agents or anyone claiming through it from in any manner passing off its products as that of the Plaintiff by using the offending trademark “AROKYA” which are similar, decceptively similar and
Issues for consideration
2 issues framed by the court
Whether to dispose of a trade mark infringement suit by decreeing a compromise memorandum.
How to formulate a compromise decree involving the surrender of trademark rights and specific performance of undertakings.
Coram
M.SUNDAR
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court