M/s.Micro-Pak Ltd. v. Pranam Ji Creations
Case brief
What is this about?
The court decreed a suit for trademark and copyright infringement based on a Memorandum of Compromise. The defendant acknowledged the plaintiff's marks as well-known, agreed to stop sales of infringing goods, paid token damages, and the plaintiffs gave up further reliefs.
What did the court decide?
Decree passed in terms of Memorandum of Compromise: Defendant to stop sales of infringing goods, acknowledge well-known trademark status, and pay Rs. 50,000/- as token damages.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:21.03.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.776 of 2017 & O.A.Nos.996 to 998 of 2017 & A.Nos.6184 and 6185 of 2017 1.M/s.Micro-Pak Ltd., Suite 2504, 25/F, Tower 6 The Gateway, Harbour City 9, Canton Road, TsimShaTsul Kowloon, Hong Kong Represented by its Power of Attorney Holder Mr.SateeshJadhav 2. M/s.Gantonde Leathers and Accessories P Ltd., Corium House, Alsa Garden Complex, A Block, V Floor 58, Harrington Road Chetpet, Chennai – 600 031 Represented by its Managing Director Mr.SateeshJadhav ... Plaintiff Vs Pranam Ji Creations 1124/11, Govind Puri Kalkaji, New Delhi Delhi-110 019 India ... Defendant
Plaint filed under Order IV Rule 1 of Original Side Rules read with Sections 27, 134 and 135 of the Trademarks Act, 1999 read with Section 51, 55 and 62 of the Copyright Act, 1957 seeking perpetual injunction restraining the defendant, its distributors, stockists, servants, agents, retailers, representatives or any other person claiming under them from in any manner infringing the 1st plaintiff's registered trademark “Micro-Pak” by manufacturing, selling, offering for sale, stocking, advertising, antimicrobial stickers, or any moisture management and mould prevention products or any other stickers or product or goods using the Trade mark
Issues for consideration
3 issues framed by the court
Whether the court should pass a decree in terms of the Memorandum of Compromise entered into by the parties after substantial hearing on merits.
Whether the acknowledgement of well-known trademark status under Section 2(zg) of the Trademarks Act, 1999 by the defendant in the compromise should be recorded in the decree.
Whether the payment by way of token damages and the cessation of sales of infringing goods should be enforced through the decree.
Parties & counsel
- petitioner
M/s.Micro-Pak Ltd.
- petitioner
M/s.Gantonde Leathers and Accessories P Ltd.
- respondent
Pranam Ji Creations
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court