Partly allowed

Roca Bathroom Products Pvt.Ltd v. Sri Ram and Co. and Another

Madras HC11 Mar 2021CS/735/2002

Case brief

AI extract

What is this about?

The court disposed of a civil suit for copyright and trademark infringement filed by Roca Bathroom Products. Relying on a Memorandum of Compromise between the plaintiff and the first defendant, the court granted injunctions against the second defendant but dismissed claims for damages and account of profits.

What did the court decide?

Permanent injunctions and destruction of infringing materials granted against the second defendant; damages and account of profits dismissed.

Roca Bathroom Products Pvt.Ltd Vs Sri Ram and Co. and… — Intellectual Property | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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THURSDAY, THE 11TH DAY OF MARCH 2021

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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C.S. No.735 of 2002

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Roca Bathroom Products Private Limited, 4th Floor, KGN Towers, 62, Ethiraj Salai, Egmore, Chennai 600 105. Rep by its Managing Director. Mr.Pau Abello Pollicer.

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( * Amended as per order dated 18.12.2015 in A.No.7798 of 2015) .. Plaintiff -Vs- *1.K.Chokkalingam, Proprietor of

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Sri Ram & Co., No.108-A, Ranganathapuram, Thiruvanmiyur, (Behind Jayanthi Theatre), Chennai-600 041.

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Aarthi Hardwares, 189, 2nd Avenue, Annanagar, Chennai - 600 040. ( Amended as per order in A.No. 4855/ 2002 dated 27/12/2002)*

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.. Defendants

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Civil Suit praying that this Hon'ble Court be pleased to grant a Judgment and decree.

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https://hcservices.ecourts.gov.in/hcservices/ a) a perpetual injunction restraining the defendants, by themselves,

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their partners/proprietors, heirs, legal representatives, successors-inbusiness, assigns, servants, agents, distributors, representatives or any one claiming through them from in any manner infringing the plaintiff's copyright in 2-dimensional drawings in respect of internal fittings/assembly sets for flushing cisterns and water closets by 3 dimensional reproduction of the same or in any other manner whatsoever, annexed as document No.1 with the plaint.

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b) a perpetual injunction restraining the defendants, by themselves their partners/proprietors, heirs, legal representatives, successors-inbusiness, assigns, servants, agents, distributors, representatives or any one claiming through them from in any manner infringing the plaintiff's registered trademark Parryware CASCADE by use of deceptively similar trademark BASCADE, BASKET, CAS CADS or any mark similar to CASCADE in respect of internal fittings for water closets/flush cisterns.

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https://hcservices.ecourts.gov.in/hcservices/

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cisterns and water closets as and for plaintiff's internal fittings for flushing cisterns and water closets and by manufacture and sale of internal fittings for flushing cisterns and water closets having shape, size, getup, layout and trade dress similar to plaintiff's CASCADE internal fittings for flushing cisterns and water closets or in any other manner whatsoever.

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d) the Defendants be ordered to surrender to Plaintiff for destruction of all internal fittings/assembly sets for flushing cisterns and water closets, brochures, labels, cartons, dyes, blocks, moulds, screen prints and other materials relating to BASCADE/BASKET/CAS CADS flush clean parts, which are a 3-Dimensional reproduction of plaintiff's artistic work in internal fitting drawings.

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e) the defendants be ordered to pay to the plaintiff, a sum of Rs. 10,000/ as damages for committing infringement of copyright, infringement of trade mark and passing off.

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f) a preliminary decree be passed in favour of the Plaintiff directing the Defendants to render account of profits made by manufacture and sale of internal fittings, which are 3-dimensional reproduction of plaintiff’s artistic https://hcservices.ecourts.gov.in/hcservices/ work in internal fittings drawings and a final decree be passed in favour of

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the Plaintiff for the amount of profits thus to have been” made by the

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Defendants after the latter have rendered accounts.

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g) for costs of the suit.

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This suit coming on this day before this court for hearing in the presence of Ms.Chandhini Pradeep Kumar for Mr.Arun C.Mohan, Advocate for the Plaintiff herein and Mr.V.Manisekaran, Advocate for the 1st defendant herein and upon reading the plaint filed herein and the memorandum of compromise signed by the plaintiff and the first defendant with their respective advocates and the second defendant having stated that through a Memorandum of Compromise has been entered between the first defendant and the plaintiff, the first defendant has stopped the selling of his products, it is ordered as follows:-

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That Aarthi Hardwares, the second defendant herein, by themselves, their partners/proprietors, heirs, legal representatives, successors-in-business, assigns, servants, agents, distributors, representatives or any one claiming through them, be and are hereby restrained by an order of perpetual injunction from

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https://hcservices.ecourts.gov.in/hcservices/

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(a) in any manner infringing the plaintiff's copyright in 2-dimensional drawings in respect of internal fittings/assembly sets for flushing cisterns and water closets by 3 dimensional reproduction of the same or in any other manner whatsoever, annexed as document No.1 with the plaint.

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(b) in any manner infringing the plaintiff's registered trademark Parryware CASCADE by use of deceptively similar trademark BASCADE,BASKET, CAS CADS or any mark similar to CASCADE in respect of internal fittings for water closets/flush cisterns.

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(c) passing off and enabling others to pass off the defendant's BASCADE, BASKET, CAS CADS internal fittings for flushing cisterns and water closets as and for plaintiff's internal fittings for flushing cisterns and water closets and by manufacture and sale of internal fittings for flushing cisterns and water closets having shape, size, getup, layout and trade dress similar

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to plaintiff's CASCADE internal fittings for flushing cisterns and water closets or in any other manner whatsoever.

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That the 2nd defendant herein, be and is hereby directed to surrender to plaintiff for destruction of all internal fittings/assembly sets for flushing cisterns and water closets, brochures, labels, cartons, dyes, blocks, moulds, screen prints and other materials relating to BASCADE/BASKET/CAS CADS flush clean parts, which are a 3-

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https://hcservices.ecourts.gov.in/hcservices/

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Dimensional reproduction of plaintiff's artistic work in internal fitting drawings.

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That the reliefs in clause (E) and (F) in paragraph No.26 of

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the plaint, be and is hereby dismissed.

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That there shall be no order as to costs of this suit.

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 11^th DAY OF MARCH 2021.

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Sd/ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy//

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

Skg

06.05.2021

C.S. No.735 of 2002

DECREE:

DATED: 11.03.2021

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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FOR APPROVAL: 20/07/2021

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APPROVED ON: 22/07/2021

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https://hcservices.ecourts.gov.in/hcservices/

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 11.03.2021

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CORAM:

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THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

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C.S. No.735 of 2002

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Roca Bathroom Products Private Limited, 4th Floor, KGN Towers, 62, Ethiraj Salai, Egmore, Chennai 600 105. Rep by its Constituted Attorney Mr.Pau Abello Pellicer.

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(Amended as per dated 18.12.2015 in A.No.7798 of 2015) .. Plaintiff

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/versus/ 1.K.Chokkalingam Proprietor Sri Ram & Co., No.108-A, Ranganathapuram, Thiruvanmiyur, (Behid Jayanthi Theatre), Chennai-600 041. 2.Aarthi Hardwares, 189, 2nd Avenue, Annanagar, Chennai-600 040. .. Defendants

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This Civil Suit is filed to:-

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https://hcservices.ecourts.gov.in/hcservices/

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a) a perpetual injunction restraining the defendant's, by themselves,

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their partners/proprietors, heirs, legal representatives, seccessors-inbusiness, assigns, servants, agents, distributors, representatives or any one claiming through them from in any manner infringing the plaintiff's copyright in 2-dimensional drawings in respect of internal fittings/assembly sets for flushing cisterns and water closets by 3 dimensional reproduction of the same or in any other manner whatsoever, annexed as document No.1 with the plaint.

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b) a perpetual injunction restraining the defendants by themselves their partners/proprietors, heirs, legal representatives, successors-inbusiness, assigns, servants, agents, distributors, representatives or any one claiming through them from in any manner infringing the plaintiff's registered trademark Parryware CASCADE by use of deceptively similar trademark BASCADE, BASKET, CAS CADS or any mark similar to CASCADE in respect of internal fittings for water closets/flush cisterns.

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c) a perpetual injunction restraining the Defendants, by themselves, their partners/ proprietor, heirs, legal representatives, successors-inbusiness, assigns, servants, agents, distributors, representatives or any one claiming through them from passing off and enabling others to pass off the defendant's BASCADE, BASKET, CAS CADS internal fittings for flushing cisterns and water closets as and for plaintiff's internal fittings for flushing cisterns and water closets any by manufacture and sale of internal fittings for flushing cisterns and water closets having shape, size, getup, layout and trade dress similar to plaintiff's CASCADE internal fittings for flushing https://hcservices.ecourts.gov.in/hcservices/ cisterns and water closets or in any other manner whatsoever.

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d)the Defendants be ordered to surrender to Plaintiff for destruction of all internal fittings/assembly sets for flushing cisterns and water closets, brochures, labels, cartons, dyes, blocks, moulds, screen prints and other materials relating to BASCADE/BASKET/CAS CADS flush clean parts, which are a 3-Dimensional reproduction of plaintiffs artistic work in internal fitting drawings.

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e) the defendants be ordered to pay to the plaintiff, a sum of Rs. 10,000/as damages for committing infringement of copyright, infringement of trade mark and passing off.

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f) a preliminary decree be passed in favour of the Plaintiff directing the Defendants to render account of profits made by manufacture and sale of internal fittings, which are 3-dimensional reproduction of plaintiff’s artistic work in internal fittings drawings and a final decree be passed in favour of the Plaintiff for the amount of profits thus to have been” made by the Defendants after the latter have rendered accounts.

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g) for costs of the suit.

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For Plaintiff :Ms.Chandhini Pradeep Kumar for Mr.Arun C.Mohan For Defendants : Mr.V.Manisekaran for D1

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JUDGMENT

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https://hcservices.ecourts.gov.in/hcservices/ The suit has been filed under Sections 27, 28, 29, 105, 106 of the

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Trade and Merchandise Marks Act, 1958 and also Sections 51 and 55 and

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62 of the Copy Right Act 1957 by the plaintiff namely Roca Bathroom Products Private Limited against the defendants, namely K.Chokkalingam, Proprietor of Sri Ram & Company and Aarthi Hardwares, seeking judgment and decree against them in the nature of a protection restraining the defendants from infringing the copyright in 2-dimensional drawings in respect of internal fittings/assembly sets for flushing cisterns and water closets by 3 dimensional reproduction of the same or in any other manner whatsoever including seeking damages of Rs.10,000/- and also for the costs of the suit.

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2.Written statements have been filed by the first and second defendant

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and issues have been framed and also the witnesses have been examined by the parties.

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3.A Memorandum of Compromise has been entered into between the

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plaintiff and the first defendant on 30.11.2017 and the same was signed on behalf of the plaintiff and the proprietor of the first defendant. The learned counsel for the plaintiff and the first defendant produced the Memorandum of Compromise before this Court on 01.09.2020. The first defendant had submitted to a decree for the relief of permanent injunction.

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https://hcservices.ecourts.gov.in/hcservices/

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4.The second defendant stated that though a Memorandum of

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Compromise has been entered between the first defendant and the plaintiff,

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the first defendant has stopped the selling of his products.

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5.In view of the Memorandum of Compromise filed by the plaintiff

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and the first defendant and the written statement filed by the second defendant,

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(i) Suit is partly decreed against the second defendant with respect to reliefs in clauses A, B, C and D in paragraph No.26 of the plaint and dismissed with respect to reliefs in Clause E and F is paragraph No.26.

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(ii) Suit is decreed against the second defendant.

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(iii) No order as to Costs.

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Sd./- C.V.K.J. 11.03.2021

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//Certified to be true copy//

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.)