The Court dismissed a suit for copyright infringement and passing off regarding cake wrappers. The suit was settled out of court via a Memorandum of Undertanding dated 26.03.2018, and the suit was allowed to abate based on the settlement.
Suit dismissed as settled out of court based on the Memorandum of Understanding dated 26.03.2018.
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.
Tr. C.S. No.361 of 2004
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
Tr. C.S. No.361 of 2004
New Hope Food Industries (P) Ltd., Represented by its Managing Director, A. Raja .... Plaintiff vs
Pioneer Bakeries (P) Ltd., having their registered office at 89, Chettipalayam Cross, Poondurai Road, Moolapalayam Post, Erode - 638 002, represented by its Managing Director ... Defendant
Prayer : Plaint filed under Order IV Rule 1 O.S. Rules read with Order VII Rule 1 CPC, read with Section 55 and 62 of the Copyright Act, 1957 prays for a judgment and decree :-
a. For a permanent injunction, restraining the defendant, their
agents, servants and men including their assigns, distributors, selling agents, representatives and everyone claiming under them and acting on their behalf from, in any way, infringing the plaintiff's copyright in the artistic work 'Milka Wonder Cake' either by selling their goods viz.,
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cakes by using a deceptively similar name 'Milka Talent Cake' or any other deceptively similar name or in any other manner whatsoever;
b) For a permanent injunction, restraining the defendant, their agents, servants and men including their assigns, distributors, selling agents, representatives and everyone claiming under them and acting on their behalf from in any way, passing off their goods, namely cakes either by selling them with a deceptively similar name and style of ''Milka Talent Cake' or with any other deceptively similar name by deception (as if they are the goods of the plaintiff sold by the plaintiff under the name and style of 'Milka Wonder Cake') or in any other manner whatsoever;
c) Directing the defendant to pay the plaintiff a sum of Rs.10,00,000/- (Rupees Ten lakhs only) towards liquidated damages for infringement of the plaintiff's copyright in the artistic work 'Milka Wonder Cake' and for passing off;
d) Directing the defendant to surrender to the plaintiff the pamphlets, promotional materials, letter heads, broachers, blocks dyes, moulds, plates etc. used for producing wrappers and all such other materials, infringing the plaintiff's copyright in the artistic work 'Milka Wonder Cake';
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e) Pass a preliminary decree, directing the defendant render a true
and proper account of the profits that they have made by selling their
cakes under the name and style of 'Milka Talent Cake' as if they are manufactured by the plaintiff, by infringing the plaintiff's copyright in the artistic work 'Milka Wonder Cake' in various flavours and also committing acts of passing off and pass a final decree for the amount of profit thus found to have been earned by the defendant, after accounting and pass a decree, directing the defendant to pay the amount to ascertained to the plaintiff;
f) Directing the defendant to pay the plaintiff, the cost of the suit; and
g) Grant such other suitable relief or reliefs, as this Court may
deem fit and proper in the circumstances of the case.
For Plaintiff : Mr.Arun C. Mohan For Defendant : Mr.Harishankar Mani
JUDGEMENT
The learned counsel for the plaintiff has placed on record before
this Court a Memorandum of Understanding dated 26.03.2018 entered
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into between the parties to the dispute. As seen from the Memorandum of Understanding, the parties to the dispute have settled the matter out of Court.
2. In terms of the Memorandum of Understanding dated 26.03.2018, this suit is dismissed as settled out of Court. The Memorandum of Understanding dated 26.03.2018 shall form part of this judgement. Registry is directed to refund the Court fees, as per rules.
17.11.2023
Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2
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ABDUL QUDDHOSE, J.
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17.11.2023
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Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
