Allowed

M/s.v.v.v. and Sons Edible Oils Ltd. v. M/s.S.G.R.(777) Foods Pvt. Ltd.

Madras HC8 Oct 2021CS/417/2020

Case brief

AI extract

What is this about?

In a trademark infringement and passing off suit, the defendants agreed to amend their label size and design to ensure no resemblance to the plaintiff's registered trademark. The court accepted the compromised settlement and decreed the suit accordingly.

What did the court decide?

Suit decreed in terms of the compromise agreement wherein the defendant agreed to revise the label.

M/s.v.v.v. and Sons Edible Oils Ltd. Vs M/s.S.G.R.(777) Foods Pvt. Ltd. — Madras HC (2021) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.10.2021

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CORAM

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THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

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C.S. No.417 of 2020 M/s.V.V.V.& Sons Edible Oils Limited, Rep. by its Managing Director, M.Rajiv Vignesh, No.443, Bazaar, Virudhunagar 626 001. Registered Address No.6, 6/2, Ellayamudali Street II Lane, (Kailasam Street), Tondiarpet, Chennai 600 081. ... Plaintiff -Versus1. M/s.S.G.R(777) Foods Pvt Ltd., Rep. by its Managing Director, New No.21, Old No.10, 1^st Cross Street, Lake Area, Chennai 600 034. 2.M/s.Kaarmegam Oil Mills, No.9/761, Kangeyam Road, Muthur-638 105, Tiruppur District, Tamilnadu. ... Defendants

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https://www.mhc.tn.gov.in/judis/

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Prayer : Civil suit filed under Order IV Rule 1 of Madras High Court O.S.Rules read with Section 134 and 135 of the Trademarks Act, 1999, praying for the following judgment and decree:

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a) granting permanent injunction restraining the defendants their men or agents or anybody claiming under them from in any way infringing the plaintiff's registered trademark No.746974 of sachet, colour scheme design and trade dressing, by displaying, manufacturing, preparing and selling gingely oil in sachets or other trade dressing;

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b) granting permanent injunction restraining the defendants, their men or agents or anybody claiming under them from in any way passing of its goods (gingelly oil) as that of the plaintiff in deceptively similar sachets, sachet colour scheme, design and trade dressing, by displaying, manufacturing, preparing and selling gingelly oil in sachets or other trade dressing;

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c) the defendants be ordered to pay to the plaintiff a sum of Rs.10,00,000/- as liquidated damages for committing acts of infringement against plaintiff's bottle design and label colour scheme so as to pass off its products as that of the plaintiff's products.

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d) grant costs of this suit.

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For Defendants : Mr.K.Premchandar

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The suit is for infringement of trademark and passing off. The

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defendant has come forward to amend the impugned label and logo size.

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Therefore, the parties have agreed to settle the dispute amicably and

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compromise entered between the parties, signed by the parties and the

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https://www.mhc.tn.gov.in/judis/

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respective counsels, is presented before this Court. From the Annexure A

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to the Memo of Compromise, this Court finds that the defendant has agreed to revise the label which will have no resemblance or shadow of the plaintiffs trademark and logo. The revised label is also acceptable to

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the plaintiff. Hence, the suit is decreed in terms of the compromise.

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Memo of compromise shall form part of the decree. No order as to costs.

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08.10.2021
vri

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https://www.mhc.tn.gov.in/judis/

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DR.G.JAYACHANDRAN,J.

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VRI

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C.S.No.417 of 2020
08.10.2021

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https://www.mhc.tn.gov.in/judis/

M/s.v.v.v. and Sons Edible Oils Ltd. v. M/s.S.G.R.(777) Foods Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

M/s.v.v.v. and Sons Edible Oils Ltd. v. M/s.S.G.R.(777) Foods Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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