Civil suit for trademark and copyright infringement dismissed on terms of a joint compromise memorandum between parties.
Suit decreed in terms of Joint Memorandum of Compromise dated 02.02.2024.
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C.S. (COMM.DIV.) No.184 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.02.2024
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.S. (COMM.DIV.) No.184 of 2023
Apex Laboratories Pvt. Ltd., rep. by its Authorised Signatory D.Jude F.L.S.Durai Pandian
.. Plaintiff
/versus/
Prayer: Civil Suit has been filed under Order VII, Rule 1 of the Code of Civil Procedure and Order IV Rule 1 of the Original Side Rules read with Sections 27, 28, 29, 134, 135 of the Trademarks Act, 1999 and Sections 51, 55 and 62 of the Copyright Act 1957 to grant a judgment and decree on the following terms:
a)a permanent injunction restraining the Defendant, by itself, its partners, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner infringing the plaintiff's registered trademarks ZINCOVIT under No.487453 in Class 5 and other registered trademarks by using a deceptively similar
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C.S. (COMM.DIV.) No.184 of 2023
trademark ZINOZVIT or any other trademark deceptively similar to the plaintiff's registered trademark or in any other manner whatsoever;
b)a permanent injunction restraining the Defendant, by itself, its partners, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner committing acts of copyright infringement by using, in the course of trade, labels/artistic works which are a substantial reproduction of Plaintiff's registered copyright under Nos.A-112789/2017 and other registered copyrights in colour scheme, get up and layout for their ZINOZVIT for any tablets, syrup, drops etc. or in any other manner whatsoever;
c)a permanent injunction restraining the Defendent, by itself, its partners, men, servants, agents, distributors, stockiest, representatives or anyone claiming through or under them from in any manner passing off and/or enabling others to pass off the Defendant' products under the trademark ZINOZVIT as and for the plaintiff's products by manufacturing, selling or offering to sell, distributing, displaying, printing, stocking, using, advertising their products with a trademark and/or label or artistic work that is identical in colour scheme, get up and layout with that of the plaintiff's ZINCOVIT trademark or artistic work or in any other manner whatsoever;
d)the Defendant be ordered to surrender to plaintiff's for destruction of all products, labels, cartons, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark ZINOZVIT label or any mark deceptively similar to plaintiff's trademark and artistic work ZINCOVIT label;
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C.S. (COMM.DIV.) No.184 of 2023
e)a preliminary decree be passed in favour of the plaintiff's directing the Defendant to render account of profits made by use of trademark and copyright in the artistic work ZINOZVIT label 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;
f)for costs of the suit.
For Plaintiff : Mr.R.Sathish Kumar For Defendants : Mr.P.C.N.Raghupathy
J U D G M E N T
Both the counsels have filed a Joint Memorandum of Compromise
by which the parties to the suit have amicably resolved the dispute amongst themselves. The Joint Memorandum of Compromise dated 02.02.2024 is taken on record. The Joint Memorandum of Compromise has been signed by all the parties to the suit and countersigned by the respective counsels.
2.In terms of the Memorandum of Compromise dated 02.02.2024, this suit is decreed. The Memorandum of Compromise shall form part of the judgment and decree.
27.02.2024
vga
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C.S. (COMM.DIV.) No.184 of 2023
ABDUL QUDDHOSE, J.
vga
C.S. (COMM.DIV.) No.184 of 2023
27.02.2024
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4 provisions across 4 enactments
Apex Laboratories Pvt. Ltd.
Zenon Healthcare Limited
Krishnam Bio-Tech
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
