M/s Kaleesuwari Refinary v. M/s.Vvv Anandham & Sons
Case brief
What is this about?
This court recorded a compromise between the Plaintiff, alleging infringement of trademark and design, and the Defendant. The court passed a decree in terms of a Memorandum of Compromise dated 20.03.2018, where the Defendant admitted violations, apologized, undertook not to imitate Plaintiff's products, and agreed to destroy offending labels.
What did the court decide?
Decree passed in terms of the Memorandum of Compromise, including injunction, apology, destruction of infringing materials, and adoption of new trademark.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.03.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.30 of 2018 and A.Nos.386 & 387 of 2018 and O.A.Nos.42 to 44 of 2018
M/s.Kaleesuwari Refinery Private Limited, Represented by its Director Mr.K.Ashok Kumar, No.53, Rajasekaran Street, Opp. Kalyani Hospital, RadhakrishnanSalai, Mylapore, Chennai – 600 004.
.. Plaintiff Vs.
M/s.VVV.Anandham & Sons, Represented by its Chairman, Mr.Ashokan Chakravarthy, Head Office at : No.42, Andikinar Street, Virudhunagar – 626 001, Tamil Nadu
Having Branch Office at: No.1, Hyder Garden, 3rd Street, Perambur, Chennai – 600 012, Tamil Nadu. .. Defendant
This Civil Suit is preferred, under Order VII Rule 1 C.P.C. Read with Order IV Rule 1 of Original Side Rules and Sections 134 and 135 of the Trademarks Act, 1999 r/w Sections 61 & 62 of the Copyright Act, 1957 R/w Section 22 of the Designs Act, 2000
Issues for consideration
1 issue framed by the court
Whether a compromise decree should be passed in a suit for permanent injunction and account of profits regarding trademark and design infringement.
Parties & counsel
- petitioner
M/s.Kaleesuwari Refinery Private Limited
- respondent
M/s.VVV.Anandham & Sons
Coram
M. Sundar
Case details
As recorded by the court registry
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