The plaintiff sought injunctions against trademark infringement and passing off. The court passed a decree based on a compromise memo signed by all parties, disposing of the suit accordingly.
Suit decreed in terms of the compromise memo signed on 24.07.2020.
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.532 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.07.2020
CORAM:
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
C.S.No.532 of 2019
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. Rep.by its Authorised Signatory .. Plaintiff
/versus/
1.Elite Foods Pvt.Ltd, Industrial Area, Aroor-688 534, Kerala.
This Civil Suit is filed under Order VII Rule 1 C.P.C, and Order IV Rule 1 of O.S.Rules Read with Section 134 and 135 of the Trademarks Act, 1999, and Section 7 of the Commercial Courts, Commercial Appellate Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act 4 of 2016) prayed for
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(a) For Permanent Injunction restraining the defendant by itself, its agents, servants, distributors or any one claiming through it from using in any manner infringing the plaintiff's Trade Marks "AROKYA" by using the trademark "AROGYA" 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.
(b) For Permanent Injunction restraining the Defendant by itself, its servants or agents or any one claiming through it from in any manner passing off its products as that of the plaintiff by using the offending trademark "AROGYA" which is similar, deceptively similar and identical to the plaintiff's trademark "AROGYA" or by using any other trademark which is similar, deceptively similar or identical to that of the plaintiff's trademark "AROKYA" by manufacturing or selling or offering for sale or in any manner advertising the same.
(c) Directing the defendant to surrender to the plaintiff the entire products with the offending labels, stocks with offending labels together with the blocks and dies, name boards, sign boards etc for destruction
(d) Directing the defendant to render true and faithful accounts of the profits earned by them through the sale of the offending milk
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products bearing the offending trademark label and directing payment of such profits to the plaintiff.
(e) Directing the defendant to pay to the plaintiff the cost of the
suit.
For plaintiff : Mr.G.Kalyan Jhabakh For Defendants : Mr. Thomas T.Jacob
JUDGMENT
The learned counsel for the plaintiff and the learned counsel
for the defendants have jointly signed a memo of compromise in which,
both the plaintiff and the first and second defendants have also signed. This effectively brings an amicable settlement to the litigation instituted by the plaintiff against the defendants.
compromise. The memo of compromise dated 24.07.2020 shall form part of the decree.
C.S.No.532 of 2019
No order as to costs.
27.07.2020
nvi
Speaking Order / Non-Speaking Order Internet : yes/no
C.S.No.532 of 2019
C.V.KARTHIKEYAN,J.
nvi
C.S.No.532 of 2019
27.07.2020
3 provisions across 3 enactments
Elite Foods Pvt. Ltd.
Elite Tasty Toast Pvt. Ltd.
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
