The Commercial Division heard a trademark infringement suit. The parties entered into a compromise agreement on the date of hearing. The court recorded the compromise and passed a decree in terms of the agreement without hearing arguments on merits.
Decree passed in terms of the memorandum of compromise dated 14.03.2018 entered between the parties.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:14.03.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.806 of 2017
&
O.A.Nos.1056 and 1057 of 2017
1 Spalon India Pvt.Ltd 2 nd Floor Saba House No.209/A St.Marys Road Alwarpet (Opp Crowne Plazas Out Gate) Chennai-600 018. (Earlier at 12 Aarti Arcade #114 Radhakrishna Salai Mylapore Chennai-600 004) Represented by Its Managing Director Ms.Latha C.Mohan.
2 Ms.Latha C.Mohan 2 nd Floor Saba House No.209/A St.Marys Road Alwarpet (Opp Crowne Plazas Out Gate) Chennai-600 018. (Earlier at 12 Aarti Arcade #114 Radhakrishna Salai, Mylapore Chennai-600 004) ... Petitioners
Vs 1 N.Prakash No.4 Lakshmi Plaza 1 st Floor V.Nagenahalli Main Road Near Mithri Bazaar Opposite More Super Market R.T.Nagar Post Bengaluru-560 032.
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2 The Bounce Salon Rep.by N.Prakash No.4 Lakshmi Plaza 1 st Floor V.Nagenahalli Main Road Near Mithri Bazaar (Opposite More Super Market R.T.Nagar Post Bengaluru-560 032)
... Defendants
Plaint filed under Order VII Rule 1 CPC read with Order IV Rule 1 of the Original Side Rules of the Madras High Court and Sections 11, 29,134 of Trademarks Act, 1999 to grant permanent injunction restraining the Defendants their directors employees Officer servants agents and all others acting for and on their behalf from using the trademark trade name and trading style featuring the mark BOUNCE or any other name/mark deceptively similar to plaintiffs mark BOUNCE in any manner whatsoever including the depictions of
its salon/spa/beauty care services or any other business including all use as part of its signage, business cards, labels, promotional materials, advertisements, domain name/s, company name/s URLs including web links such as:
e-mail addresses, screen names, user names, website contents [whether or not visible], staff uniforms, transportation vehicles,
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documents, reports, data, invoices, receipts, stationery and on any other materials and things on which they are using mark BOUNCE or anything similar to plaintiff's mark BOUNCE, amounting to infringement of plaintiff's trademark BOUNCE under Registration Nos.1278997, 2371477, 2371478, 2371479 and 2375804 in classes 42, 26, 11, 21 and 41 respectively that amounts to infringement thereof; To grant permanent injunction restraining the defendants, their directors, employees, officers, servants, agents and all others acting for and on their behalf from using the trademark, trade name and trading style featuring the mark BOUNCE or any other name/mark deceptively similar to plaintiff's mark BOUNCE in any manner whatsoever including the depictions of
in relation to its salon/spa/beauty care services or any other business including all use as part of its signage business cards, labels, promotional materials, advertisements, domain name/s company name/s, URLs including web links such as
e-mail addresses, screen names, user names, website contents [whether or not visible], staff uniforms, transportation vehicles, documents, reports, data, invoices, receipts, stationery and on any other materials and things on which they are using mark BOUNCE or anything similar to plaintiff's mark BOUNCE, that amounts to passing off the defendant's goods or business or services as those of plaintiff; grant of order of delivery up of any brochures/printed material and/or any material which contributes ultimately to the infringement of plaintiff's trademark for destruction thereof; to direct the defendants for rendition of accounts and for the costs of the suit.
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For Plaintiffs : Ms.Chitra Subbiah
For Defendants : Mr.V.Ezhilan
JUDGMENT
Ms.Chitra Subbaih, learned counsel on record for both the plaintiffs is before this Commercial Division. Ms.Latha C Mohan, the second plaintiff, who is also Managing Director of first plaintiff company is before this Commercial Division. On behalf of defendants (to be noted there are two defendants), Mr.V.Ezhilan, learned counsel on record, is before this Commercial Division.
also proprietor carrying on business in the name of 'The Bounce Salon' which has been arrayed as Defendant No.2 is before this Commercial Division. To be noted, this matter was heard on merits for considerable length of time and I am informed that after such hearings on merit the parties have realized that it is prudent to enter into a compromise and they have entered into a memorandum of compromise dated 14.03.2018. This
memorandum of compromise dated 14.03.2018 has been duly signed by plaintiffs, defendants as well as their respective counsel on record. Both the aforesaid learned counsel before this Commercial Division, on instructions, from their respective clients,
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request this Commercial Division to pass a decree in terms of the aforesaid memorandum of compromise dated 14.03.2018. The most relevant clauses in the aforesaid memorandum of compromise dated 14.03.2018 are clauses 7 and 11, which read as follows:
“7. The Defendants agree and undertake that they
shall not do the following:
i. Use 'BOUNCE' or any other mark similar thereto as a trade mark, trade name, shop name or in any other manner, in relation to any of their products, services and business, present or future.
ii. Use 'BOUNCE' or any other mark similar thereto in any of their advertising / marketing/promotional material in any form or domain, including, hoardings, letter heads, invoices or any other material used in respect of their business.
iii.Never in the future make an application either by themselves or through their agents before the Trademarks Registry for registration of a trade mark or Copyright Office for any work which is in any manner identical or similar to or comprises the trade mark 'BOUNCE'.
11. It is therefore prayed that the present memorandum of compromise may be recorded and a decree in terms of prayers (A) and (B) of the Plaint may be passed in favour of the plaintiffs and against the defendants by the Hon'ble Court, incorporating the terms of the settlement as a part thereof.”
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Commercial Division confirm that they have understood the terms, signed the aforesaid memorandum of compromise and they request that a compromise decree be passed on the above terms.
the connected miscellaneous petitions are closed.
15.03.2018
gpa
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M.SUNDAR, J.
gpa
C.S.No.806 of 2017
14.03.2018
1 issue framed by the court
Whether a decree should be passed in terms of the memorandum of compromise dated 14.03.2018.
2 provisions across 2 enactments
Spalon India Pvt.Ltd
Latha C.Mohan
N.Prakash
The Bounce Salon
M.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
