High Court disposed of a trademark and copyright infringement suit filed by Apex Laboratories against Elder Projects upon recording a Memorandum of Compromise dated 30.01.2024 submitted via the Mediation Centre.
Court ordered refund of court fees to the plaintiff following settlement of the suit.
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. (Comm. Div) No.25 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.02.2024
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. (Comm. Div) No.25 of 2021
M/s. Apex Laboratories Pvt. Ltd., 29, III Floor, SIDCO Garment Complex, Guindy, Chennai 600 032 rep by its Authorised Signatory. D.Jude F.LS.Durai Pandian ... Plaintiff
Vs
M/s. Elder Projects Limited, 301-302, 3d Floor, Plot No. 174, Kunthu Commerce Centre, Near Ayyappa Temple, Bangur Nagar, Goregaon West, Mumbai 400 090 and at Shed No.1 RCC GODOWN No.116, 1st Floor, Arihant Complex, Village Purna, Bhiwandi, Bhiwandi Municipal Corporation, Thane Zone-5 Maharashtra-421302.
... Defendant
Prayer : PLAINT UNDER ORDER VII RULE 1 CPC AND ORDER IV RULE 1 OS RULES, READ WITH SECS. 27,28,29,134,135 OF THE TRADEMARKS ACT, 1999 AND SECS 51, 55, 62 OF THE
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C.S. (Comm. Div) No.25 of 2021
COPYRIGHTS ACT, 1957, prays for judgment and decree ;
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 trademark ZINCODER or any other trademark deceptively similar to the plaintiffs 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 Plaintiffs registered copyright under Nos. A-112789/2017 and other registered copyrights in colour scheme, get up and layout for their ZINCODER for any tablets, syrup, drops etc., or in any other manner whatsoever,
c) 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 passing off and/or enabling others to pass off the Defendant' products under the trademark ZINCODER as and for the plaintiffs' 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 ZINCODERM or ZINCOVTT
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C.S. (Comm. Div) No.25 of 2021
trademarks or artistic work or in any other manner whatsoever,
d) the Defendant be ordered to surrender to Plaintiffs for destruction of all products, labels, cartons, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark ZINCODER label or any mark deceptively similar to plaintiffs' trademarks ZINCODERM/ZINCOVIT and the artistic work ZINCOVIT label.
e) Damages to the tune of Rs. 10,000,000/- payable to the plaintiff by the defendant for the continued use of the trademark ZINCOVIT and the artistic work of 7 colour label;
f) for costs of the suit; and
g) pass such further or other reliefs as this Hon'ble Court may deem fit and necessary in the circumstances of the case and thereby render justice.
For Plaintiff : Mr. R. Sathish Kumar
JUDGMENT
The Mediation Centre has submitted a report, dated 06.02.2024
enclosing the Memorandum of Compromise entered into between the plaintiff and the defendant, dated 30.01.2024. The Memorandum of Compromise, dated 30.01.2024 has been signed by the plaintiff and the
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C.S. (Comm. Div) No.25 of 2021
defendant and counter signed by their respective counsels. The Memorandum of Compromise, dated 30.01.2024 is taken on record. In terms of the mediation report, dated 06.02.2024 as well as the Memorandum of Compromise, dated 30.01.2024 entered into between the plaintiff and the defendant, the suit is disposed of. The Memorandum of Compromise, dated 30.01.2024 shall form part of this judgment.
Registry is directed to refund the Court fees to the plaintiff.
07.02.2024
Index: Yes/ No Speaking order / Non speaking order Neutral citation : Yes / No vsi2
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C.S. (Comm. Div) No.25 of 2021
ABDUL QUDDHOSE, J.
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C.S. (Comm. Div) No.25 of 2021
07.02.2024
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Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
