This suit for trademark infringement and passing off was disposed of upon the filing and recording of a joint compromise memo signed by the parties' counsel on 20.04.2023. The decree was passed in terms of the compromise.
Suit disposed of in terms of the joint compromise memo dated 20.04.2023; no order as to costs.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.S.No.407 of 2008
B.Kishore Jain, trading as Khazana Jewellery, 252A, TTK Road, Alwarpet, Chennai – 600 018.
... Plaintiff
Vs
Lakshmi Gold Khazaanaa, Rep by its Proprietor Mr.Nanjundi, No.475, Nanjundi Arcade, 6th Cross Sampige Main Road, Malleswaram, Bangalore – 560 003. ... Defendant
Page 1 of 6
Prayer:
Prayer: Civil Suit is filed under Order VII Rule 1 of CPC r/w Order IV Rule of the Original Side Rules r/w sections 27, 28, 29, 134, 135 of the Trade Marks Act, 1999, praying to:
(a) A permanent injunction restraining the defendant its proprietor or men, agents, servants, assigns, successor-in-business, legal representatives or anyone claiming through or under him from in any manner infringing the plaintiff's registered trade mark KHAZANA under No.544884 in class 14 by use of Lakshmi Gold Khazaanaa as a trademark and/or as part of trade name/trading style or by use of any other trade mark/trade name containing the word KHAZANA or any word similar thereto or in any other manner whatsoever;
(b) A permanent injunction restraining the defendant, its proprietor or partners, men, agents, servants, assigns, successor-in-business, legal representatives or anyone claiming through or under him from in any manner infringing the plaintiff's domain name www.khazanajewellery.com by use of identical and deceptively similar domain name www.lgkhazanajewellery.com or any other domain name containing the word 'KHAZAANAA' or any word similar thereto;
(c) A permanent injunction restraining the defendant, its proprietor, partners, men, agents, servants, assigns, successor-in-business, legal
Page 2 of 6
representatives or anyone claiming through or under him from in any manner passing off or enabling others to pass off the defendant's goods, business, services, jewellery etc., by use of trademark and/or trade name/trading style LAKSHMI GOLD KHAZAANAA and domain name www.lgkhazaanaa.com which is deceptively similar to plaintiff's well established trademark/trade name khazana jewellery and domain name www.khazanajewellery.com or in any manner whatsoever;
(d) The defendant he directed to surrender to the plaintiff all name boards, stationery, labels, dyes, screen prints, packing materials, pouches, bags, advertising material etc., containing the trademark LAKSHMI GOLD KHAZAANAA and domain name www.lgkhazaanaa.com which is deceptively similar to the plaintiff's trademark/trade name KHAZANA and domain name www.khazanajewellery.com;
(e) a preliminary decree be passed in favour of the plaintiff directing the defendant to render account of profits made by use of trademark LAKSHMI GOLD KHAZAANAA and a final decree be passed in favour of the plaintiff for the amount of profits thus found to have been made by the defendant after the latter have rendered accounts;
Page 3 of 6
(f) The defendant be directed to pay to the plaintiff a sum of Rs.10,05,000/- as damages for acts of infringement of trade mark/trade name/domain name and passing off;
(h) Pass such further or other reliefs as this Court may deem fit and necessary in the circumstances of the case and thereby render justice.
For Plaintiff :Ms.Chandini Pradeep Kumar for M/s.Arun C.Mohan For Defendant :M/s.K.Hariharan
JUDGMENT
The learned counsel for the plaintiff and defendant filed a joint
compromise memo dated 20.04.2023 and requested this Court to pass a
decree in terms of the compromise memo.
disposed of in terms of the compromise. The compromise memo dated
Page 4 of 6
20.04.2023 signed by the plaintiff and defendant and co-signed by the counsel for the respective parties shall form part of the decree.
and the same is also recorded.
as to costs.
20.04.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No ub
S.SOUNTHAR,J.
ub
Page 5 of 6
CS (Comm Div) No.407 of 2008
20.04.2023
Page 6 of 6
B.Kishore Jain, trading as Khazana Jewellery
Lakshmi Gold Khazaanaa
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
