The High Court of Judicature at Madras decreed a civil suit filed for injunctions against trademark and copyright infringement by decreeing upon a joint memo of compromise voluntarily entered by the parties, directing the defendant to change the trademark.
Civil Suit decreed in terms of the joint memo of compromise signed on 02.12.2019; no order as to costs.
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.
C.S.No.644 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:02.12.2019
Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
Civil Suit No.644 of 2011 and A.Nos.1233/2017, 4168, 4169 & 4170/2019 and 679, 680 & 681/2012
1.Nivaran Herbal Pvt. Ltd., No.23, Dr.Ambedkar Salai, Kodambakkam, Chennai 600 024.
2.Sujatha Bio Tech, No.23, Dr.Ambedkar Salai, Kodambakkam, Chennai 600 024. .. Plaintiffs /versus/ P.Vaikuntam, Sole Proprietor, Sifco Pharma, 6-4-52, Bholakpur, Musheerabad, Secunderabad 80. .. Defendant
Civil Suit filed under Order VII Rule 1 CPC read with Order IV, Rule OS Rules Read with Sections 27,28,29,134,135 of the Trade Marks Act, 1999 and Sections 55, 62 of the Copy Right Act, 1957 praying to grant a judgment and decree (a)a permanent injunction restraining the defendant by himself, his men, servants, agents, distributors, stockiest, representatives or any one claiming through
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C.S.No.644 of 2011
them from in any manner infringing the plaintiff's registered trademark under No.1174877 in class 5 by using the trademark KHANSI NIVAARAN or any other mark deceptively similar to the plaintiffs' trademark NIVARAN 90 or in any other manner whatsoever; (b)a permanent injunction restraining the defendant by himself, his men, servants, agents, distributors, stockiest, representatives or any one claiming through them from in any manner passing off and/ or enabling others to pass off the defendants' products as and for the plaintiffs'products by manufacturing, selling or offering to sell, distributing, displaying, printing, stocking, using, advertising products bearing trademark KHANSI NIVAARAN or any other mark deceptively similar to the plaintiffs' trademark NIVARAN or in any other manner whatsoever; (c)a permanent injunction restraining the defendant by himself, his men, servants, agents, distributors, stockiest, representatives or any one claiming through them from in any manner committing acts of copyright infringement by using, marketing and publishing the KHANSI NIVAARAN sachet which is a substantial reproduction of plaintiffs' NIVARAN 90 sachets in identical colour scheme, get up and layout or in any other manner whatsoever; (d)the defendants be ordered to surrender to plaintiffs for destruction of all products, labels, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark KHANSI NIVAARAN or any mark deceptively similar to plaintiffs' trademark and artistic work NIVARAN; (e)a preliminary decree be passed in favour of the plaintiffs directing the defendants to render account of profits made by use of
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C.S.No.644 of 2011
trademark and copyright in the artistic work KHANSI NIVAARAN and a final decree be passed in favour of the plaintiffs for the amount of profits thus found to have been made by the defendants after the latter have rendered accounts; and (f) for costs of the suit.
For Plaintiffs :Mr.R.Sathish Kumar
For Defendant :Mr.Madhan Babu
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J U D G M E N T
The suit is filed by the plaintiffs aggrieved by the defendant
action of using the trade mark “KHANSI NIVAARAN”, which deceptively
similar to the plaintiffs registered trade mark “NIVARAN 90”.
defendant had agreed to change the trademark and colour scheme of his product. A joint memo of compromise entered between the plaintiffs and the defendant signed on 2nd December 2019 is filed seeking decree in the terms of the joint memo of compromise.
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C.S.No.644 of 2011
3.On perusing the joint memo of compromise entered
between the parties, being convinced that the parties have voluntarily agreed to settle the dispute amicable through compromise entered between the parties, the Civil Suit is decreed in terms of the joint
memo of compromise.
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C.S.No.644 of 2011
Dr.G.JAYACHANDRAN,J.
ari
ari
C.S.No.644 of 2011
and
A.Nos.1233/2017, 4168,
4169 & 4170/2019
and 679, 680 & 681/2012
02.12.2019
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1 issue framed by the court
Whether the suit should be decreed upon a joint compromise entered by the parties.
4 provisions across 3 enactments
Nivaran Herbal Pvt. Ltd.
Sujatha Bio Tech
P. Vaikuntam
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
