The High Court of Judicature at Madras disposed of a suit filed for permanent injunction and damages regarding trade mark infringement after the parties entered into a joint memorandum of compromise on 02.11.2023.
Suit disposed of upon entry into a joint memorandum of compromise dated 02.11.2023.
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.
C.S. No.501 of 2014
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2023
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. No.501 of 2014
Apollo Hospitals Enterprise Ltd. Rep. By Manager Legal S.M. Mohan Kumar .... Plaintiff
vs
1. Apollo Diagnostic Centre D.No.10-15-1A, K.K. Layout, Tirupati Rep. by Proprietor E. Subramanayam Reddy (Deceased)
2. E. Sudhakar Reddy 3. C. Anasuyamma 4. E. Madhusudan 5. Rayappa Rani 6. P. Suhasini 7. E. Bhavani ... Defendants
Prayer : Plaint filed under Order VII Rule 1 of CPC, Order IV Rule 1 of OS Rules r/w Sections 27, 28, 29, 134 & 135 of the Trade Marks Act, 1999 to grant a judgment and decree against the defendant on the following terms :
a. Permanent injunction restraining the defendant, its men, agents,
partner, associate, officer, representative, servant and all other persons
1/5
C.S. No.501 of 2014
acting on Defendant's behalf from in any manner infringing the plaintiff's registered Trade Mark ”Apollo”.
b. Permanent injunction restraining the defendant, its men, agents,
partner, associate, officer, representative, servant and all other persons acting on defendant's behalf from in any manner passing off their services as that of the plaintiff's by using the plaintiff's mark “Apollo”.
c) The defendant be directed to surrender to the plaintiff all materials, media, etc. whether for advertising or any other purpose which contain or bear the plaintiff's registered trademark;
d) The defendant be directed to render accounts of profits of the defendant in favour of the plaintiff to examine and ascertain the profits made by the defendant, and thereafter on enquiry final decree be passed and or an order for rendition of accounts of profits made by the defendant
by using the mark “Apollo” towards damages as and when ascertained to be awarded to the plaintiff and against the defendant on account of use of the offending trade mark.
e) Award damages of Rs.25,00,000/- (Rupees Twenty Five Lakhs only).
f) An order for costs of the proceedings.
2/5
C.S. No.501 of 2014
For Plaintiff : Mr.P. Giridharan For Defendants : Mr.Prasanna Venkatesh for M/s.APR Associates
JUDGEMENT
Both the learned counsels have placed before this Court, a joint
Memorandum of Compromise, dated 02.11.2023 entered into between the parties to the suit. As per the joint Memorandum of Compromise, the parties have settled the dispute amicably. The joint Memorandum of Compromise has been signed by the second defendant on behalf of the first defendant. The remaining defendants are unnecessary parties to the
present dispute as they are not running the first respondent diagnostic centre. Both the learned counsels have also counter signed the joint Memorandum of Compromise, dated 02.11.2023.
2. In terms of the joint Memorandum of Compromise, dated 02.11.2023, the suit is disposed of. The joint Memorandum of Compromise, dated 02.11.2023 shall form part of this judgment. Since the physical copy of the joint Memorandum of Compromise, dated 02.11.2023 has been accepted by this Court, the learned counsel for the plaintiff is directed to file the same through online also.
3/5
C.S. No.501 of 2014
3. Registry is directed to issue the judgment copy only when the
learned counsel for the plaintiff has filed the Joint Memorandum of Compromise, dated 02.11.2023 in the online mode also.
17.11.2023
Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2
4/5
C.S. No.501 of 2014
ABDUL QUDDHOSE, J.
vsi2
C.S. No.501 of 2014
17.11.2023
5/5
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
