Disposed

Dr.Ganesans Hitech Diagnotic Centre Pct.Ltd., and Another v. M/S Neuberghitech Labouratories Pvt.Ltd.

Madras HC10 Nov 2023C.S(COMM DIV)/75/2022

Case brief

AI extract

What is this about?

In a trademark infringement and passing off suit regarding the use of words 'HITECH' and 'NALAM' in diagnostic and health checkup services, the parties filed a Joint Memorandum of Compromise. The High Court accepted the settlement and disposed of the suit accordingly.

What did the court decide?

Suit disposed based on the parties' Joint Memorandum of Compromise dated 10.11.2023. The said memorandum forms part of the decree.

Dr.Ganesans Hitech Diagnotic Centre Pct.Ltd., and… — Intellectual Property | Madras HC (2023)

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C.S. (Comm.Div.) No.75 of 2022 and A. No.1699 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 10.11.2023

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CORAM

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THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

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C.S. (Comm.Div.) No.75 of 2022 and A. No.1699 of 2022

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1.Dr.Ganesan's Hitech Diagnostic Centre Pvt. Ltd., represented by Liquidator

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2.Metropolis Healthcare Limited, represented by its Authorised Representative

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.. Plaintiffs

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(second plaintiff impleaded and cause title amended vide common order dated 28.07.2022 passed in A.Nos.2276 and 2299 of 2022 in C.S. (Comm.Div.) No.75 of 2022)

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/versus/

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1.M/s.NeubergHitech Laboratories Pvt. Ltd., rep. by its Director

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2.Hitech Advanced Labs .. Defendants

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Prayer: Civil Suit has been filed under Order VII Rule 1 of Code of Civil Procedure read with Order IV, Rule 1 of the Original Side Rules of the Madras High Court, Section 2(1)(C)(xvii) read with 7 of the Commercial Courts Act, 2015 and Sections 134, 135, 27 & 29 of the Trademarks Act, 1999 prays

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a)for a decree of permanent injunction restraining the defendants by themselves and also through their individual proprietors, partners,

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

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1/8

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C.S. (Comm.Div.) No.75 of 2022 and A. No.1699 of 2022

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agents, representatives, distributors, assigns, heirs, successors, promoters, associates, company/firm/legal entities/person(s) etc. and all other acting for and on their behalf from using the word "HITECH" in any manner/form whatsoever as a trademark, "HITECH" in the trade name Neuberg Hitech Laboratories Private Limted, word/device "HITECH" in the domain name if any, or in any other word/mark idential with or deceptively similar to the Plaintiffs' said trademark/trade name/ brand "HITECH DIANOSTICS CENTRE", trade name "HITECH DIANOSTICS CENTRE", registered trademark nos.3847955 (Class 44), 4250665 (Classes 42 & 44) and 4250667 (Classes 42 & 44) word/device in the domain name (if any), or any part thereof, in relation to the impugned business related to pathology testing services and offering services in connection therewith and activities related and ancillary thereto or doing any other acts or deeds amount to infringement of trademark/trade name/brand/domain name of the plaintiff in the plaintiffs' said trademark/trade name/brand bearing the word "HITECH";

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b)for a decree of permanent injunction restraining the defendants by themselves and also through their individual proprietors, partners, agents, representatives, distributors, assigns, heirs, successors, promoter, associates, company/firm/legal entities/person(s) etc. and all other acting for and on their behalf from using the word "Nalam" as a trademark/brand, tag, quote "Nalam" in name of any Preventive Health Checkups in the name of "Ungal Nalam" or any other Health Checkups and allied services, word/device "Nalam" in the defendants' domain name if any, or in any other word/mark identical with or deceptively similar to

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

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C.S. (Comm.Div.) No.75 of 2022 and A. No.1699 of 2022

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the plaintiffs' said trademark/trade name/brand "Nalam", "Nalam Cancer Screen Women", "Nalam Diacheck 1.0", "Nalam Diacheck 2.0" and "Nalam MHC 2.0 trademarks of the plaintiffs registered Nos.4157493, 4157495, 4157496 and 4157498 in classes 44 or any part thereof, in relation to the Preventive Health Checkups, other health checkups, impugned business related to pathology testing services and offering services in connection therewith and activities related and ancillary thereto or doing any other acts or deeds amount to infringement of trademark/trade name/brand/domain name of the plaintiffs in the plaintiffs' said trademark/trade name/brand bearing the word "Nalam";

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c)for a decree of permanent injunction restraining the defendants by themselves and also through their individual proprietors, partners, agents, representatives, distributors, assigns, heirs, successors, promoters, associates, company/firm/legal entities/person(s) etc. and all other acting for and on their behalf from using the word "HITECH" and/or "NALAM" in any manner/form manner/form whatsoever as a trademark, "HITECH" and/or 'NALAM' in the trade name Neuberg Hitech Laboratories Private Limted, word/device "HITECH" and/or 'NALAM' in the domain name if any, or in any other word/mark idential with or deceptively similar to the Plaintiffs' said trademark/trade name/ brand "HITECH DIANOSTICS CENTRE", trade name "HITECH DIANOSTICS CENTRE", registered trademark nos.3847955 (Class 44), 4250665 (Classes 42 & 44) and 4250667 (Classes 42 & 44) word/device in the domain name (if any), and/or 'Nalam' "Nalam cancer Screen Women", "Nalam Diacheck 1.0", "Nalam Diacheck 2.0" and "Nalam

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

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C.S. (Comm.Div.) No.75 of 2022 and A. No.1699 of 2022

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MHC 2.0 trademarks of the plaintiffs' registered Nos.4157493, 4157495, 4157496 and 4157498 in classes 44 or any part thereof, in relation to the impugned business related to pathology testing services and offering services in connection therewith and activities related and ancillary thereto or doing any other acts or deeds amounting to passing off as the plaintiffs and violating the plaintiffs' trademark/trade name/brand/domain name of the plaintiff in the plaintiffs' said trademark/trade name/brand bearing the word "HITECH" and/or 'NALAM' restraining the defendants by themselves and also through their individual proprietors, partners, agents, representatives, distributors, assigns, heirs, successors, promoter, associates, company/firm/legal entities/person(s) etc. and all other acting for and on their behalf from using the word "NALAM" as a trademark/ brand, tag, quote "Nalam" in name of any Preventive Health Checkups in the name of "Ungal Nalam" or any other Health Checkups and allied services, word/device "Nalam" in the defendants' domain name if any, or in any other word/mark identical with or deceptively similar to the plaintiffs' said trademark/trade name/brand or any part thereof, in relation to the Preventive Health Checkups, other health checkups, impugned business related to pathology testing services and offering services in connection therewith and activities related and ancillary thereto or doing any other acts or deeds amounting to passing off as the plaintiffs and violating the plaintiffs' said trademark/trade name/brand bearing the word "Nalam";

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d)for a decree of permanent injunction directing the defendants to take immediate steps to contact the Internet Service Providers and the

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

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C.S. (Comm.Div.) No.75 of 2022 and A. No.1699 of 2022

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Department of Telecommunications for taking down the contents of the impugned website (if any)/domain name (if any)/Facebook profiles (if any)/LinkedIn Profiles (if any) or any IDs, all promotional materials and advertisements regarding the proposed impugned business and launch on any other social media websites/platforms and/or block its view;

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e)for an order of permanent injunction restraining the defendants from inagurating and/or conducting their subject proposed business and its launch on 14.04.2022 and/or on subsequent dates at Hitech Advanced Labs 86, 1st Floor, SRP Koil Street, South Agaram, Perevallur, Chennai600 082 or at any other location using the word 'HITECH' or 'NALAM';

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f)for an order for delivery up of all the incriminating material bearing the plaintiff's said trademark/trade name/brand including advertisement material, trade literature, stationary items, leaflets, brochures, carry bags, finished and unfinished goods, stickers, blocks, dies or any other incriminating material including display boards, hoardings, sign boards, office doors, etc. to the plaintiffs for the purpose of destruction and erasure;

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g)for an order of rendition of accounts of profits earned by the defendants by the impugned illegal trade activities and a decre for the amount so found in favour of the plaintiffs on such rendition of accounts;

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h)the defendants be ordered to surrender to the plaintiffs the domain registrar of the impugned domain name (if any) to withdraw all support to the impugned website and disable the impugned domain name;

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i)the defendants be ordered to pay the plaintiffs a sum of Rs.10,00,000/- as damages for committing infringement of the plaintiffs'

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

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C.S. (Comm.Div.) No.75 of 2022 and A. No.1699 of 2022

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registered trademark nos.3847955 (Class 44), 4250665 (Classes 42 & 44), 4250667 (Classes 42 & 44), 4157493 (Class 44), 4157495 (Class 44), 4157496 (Class 44) and 4157498 (Class 44) and for passing off the defendants' services as for the services of the plaintiffs.

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For Plaintiffs : Mr.Satish Parasaran, Senior Counsel for Mr.Vadivelu Deenadhayalan For defendants : Mr.P.S.Raman, Senior Counsel for M/s.A.K.Mylsamy and Associates

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J U D G M E N T

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Both the parties have arrived at an amicable settlement. In terms of

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the same, they have filed a Joint Memorandum of Compromise dated 10.11.2023, which has been duly signed. The first plaintiff is represented by the Resolution Professional since the first plaintiff has gone into liquidation under the CIRP process. The respective counsels have counter signed the Joint Memorandum of Compromise.

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2.In terms of the Joint Memorandum of Compromise dated 10.11.2023, this suit is disposed of. The Joint Memorandum of

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

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C.S. (Comm.Div.) No.75 of 2022 and A. No.1699 of 2022

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Compromise dated 10.11.2023 shall form part of the decree. Consequently, connected Application is closed. No costs.

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10.11.2023