This court decreed a copyright infringement suit filed by Hatsun Agro Product Ltd. against defendants based on a memo of compromise. The decree incorporates the compromise terms into the final judgment and closes connected applications.
Suit decreed in terms of the compromise memo filed by defendants on 15.04.2021. No costs awarded.
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: 19.04.2021
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.Nos.66 of 2020 and
O.A.Nos.105 and 106 of 2020, and A.No.682 and 683 of 2020
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 Ol'd No.AD-83/New No.AD13, Anna Nagar, Opp.:IOB Towers Branch, Chennai 600 040. Rep. by its Authorized Signatory. .. Plaintiff ..vs.. 1.M/s.Arogya Rahasya Private Limited, Regd. Office:6-1-297/1, Venkatapuram Colony, Padmarao Nagar, Secunderabad 500 025, Telengana 2.Mr.Amrut Lal Sivanand Patel, #6-3-3/2/A, Near Gandhi Hospital, Metro Station, New Bhoiguda, Secunderabad 500 003, Telengana. ...Defendants
Prayer :Civil Suit filed under Order VII Rule I of Civil Procedure Code read with Order (iv) Rules (I) of the O.S.Rules and Section 134 and 135 of the Trademarks Act, 1999 and Section 7 of the Commercial Courts Act, 2015 for the following reliefs:
(a) For permanent injunction restraining the defendants by itself, https://www.mhc.tn.gov.in/judis/ its agents, servants, distributors or any one claiming through it from
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using in any manner infringing the plaintiffs trademark “AROKYA” by exposing for sale or using them or copying/reproducing or causing reproduction of the same in any packaging or literature or any colourable imitation or substantial reproduction thereof in any manner whatsoever or causing infringement of the plaintiff's registered trademark as described in the Schedule to the Plaint.
(b) For permanent injunction restraining the defendants by itself, its agents, servants, distributors or any one claiming through it in any manner whatsoever from passing off its products as that of the plaintiff by using the offending trademark “AROGYA RAHASYA” which is similar, deceptively similar and identical to the plaintiff's trademark AROKYA 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 in any manner advertising the same.
(c) Directing the defendants 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 defendants to render true and faithful accounts of the profits earned by them through the sale of the offending floor cleaner 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.G.Sudhagar
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J U D G M E N T
On receipt of the suit summons in the case filed against
the defendants alleging infringement of copyright, the defendants have entered appearance and filed a Memo of Compromise dated 15.04.2021 with an undertaking that the second defendant will withdraw the trademark Application No.4267155, currently pending on the file of the Trademark Registry and also will not attempt to register any trademark containing the plaintiff's trademark “AROKYA” or any trademark, which is identical or similar to the plaintiff trademark “AROKYA”.
2.Learned counsels appearing on both sides represented
that the memo of compromise shall be recorded and the suit may be decreed in terms of the compromise memo.
3.Recording the submission, the suit is decreed in terms of compromise memo. The memo of compromise shall form part of the decree. No costs. The connected applications are closed.
19.04.2021
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DR.G.JAYACHANDRAN,J.
Vri
C.S.Nos.66 of 2020
and
O.A.Nos.105 and 106 of 2020,
and A.No.682 and 683 of 2020
19.04.2021
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
