Trademark infringement suit decreed on terms of compromise between parties. Defendant had previously been set ex-parte; suit disposed of in accordance with the memorandum of compromise.
Decreed in terms of compromise memorandum dated 04.07.2024.
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C.S. (Comm. Div.) No.97 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2024
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
C.S. (Comm. Div.) No.97 of 2024 and O.A.Nos.372 and 373 of 2024 and
A.No.2619 of 2024
Hatsun Agro Product Ltd. Represented by its authorized signatory, P.Vivek Having registered office at No.41(49), Janakiram Colony Main Road, Janakiram Colony, Arumbakka, Chennai - 600 106
... Plaintiff Vs.
M/s.Ammu Ice Cream Represented by its Proprietor, Harikrishnan S/o. Vadamalai No.78, Pakkumara Salai Cuddalore HO (Near Silver Beach) Cuddalore - 607 001
Also at: No.40/1, Pakkumara Salai (Near Silver Beach) Devanampattinam, Cuddalore, Tamil Nadu - 607 001 ... Defendant
1/6
C.S. (Comm. Div.) No.97 of 2024
Prayer : The plaint is filed under Order VII Rule 1 Code of Civil Procedure read with Order IV Rule 1 of High Court O.S. Rules and Section 134 and 135 of the Trademarks Act, 1999 and Section 7 of the Commercial Courts Act, 2015, praying to pass judgment and decree against the defendant on the following terms:
a. For a permanent injunction restraining the defendant, by itself, its servants, agents, legal representatives, distributors or anyone claiming through it from in any manner infringing the plaintiff's registered trademark "Arun ICECREAMS"/it logo by using he mark "Ammu ICECREAMS"/its logo or any other deceptively similar mark in any manner whatsoever causing infringement to the plaintiff's registered trademarks as described in the schedule to the plaint;
b. For a permanent injunction restraining the defendant, by itself, its servants, agents, legal representatives, distributors or anyone claiming through it from in any manner whatsoever from passing off and enabling others to pass off the defendant's business as that of the plaintiff's by using the mark "Arun ICECREAMS"/it logo or the mark "Ammu ICECREAMS"/its logo or any other mark or trade name which is deceptively similar or identical to the plaintiff's trademark "Arun ICECREAMS"/ its logo in any manner whatsoever;
C.S. (Comm. Div.) No.97 of 2024
c. Declare that the plaintiff's trademark "Arun ICECREAMS"/its logo is a well-known mark as recognized under the Trademarks Act, 1999;
d. Directing the defendant to surrender to the plaintiff all the products and stocks with the offending labels, together with the blocks, dies, name boards, sign boards, etc., for destruction;
e. Directing the defendant to render true and faithful accounts of the profits earned by it through the sale of the products bearing the offending trademark labels and directing payment of such profits to the plaintiff;
f. Directing the defendant to pay to the plaintiff a sum of Rs.3,00,000/- as damages for committing acts of infringement of trademark and passing off;
For Plaintiff : Mr.Surya Senthil for M/s.Surana & Surana For defendant : Mr.Harikrishnan (appeared in person)
JUDGMENT
The present suit is filed by the plaintiff for (a). permanent injunction
restraining the defendant from in any manner infringing the plaintiff's
registered trademark "Arun ICECREAMS"/it logo, (b). permanent
C.S. (Comm. Div.) No.97 of 2024
injunction restraining the defendant from in any manner whatsoever from
passing off and enabling others to pass off the defendant's business as that
of the plaintiff, (c). to declare that the plaintiff's trademark "Arun ICECREAMS"/its logo is a well-known mark as recognized under the Trademarks Act, 1999, (d). to directing the defendant to surrender to the plaintiff all the products and stocks with the offending labels, together with
the blocks, dies, name boards, sign boards, etc., for destruction, (e). to directing the defendant to render true and faithful accounts of the profits
earned by it through the sale of the products bearing the offending trademark labels and directing payment of such profits to the plaintiff, (f).
to directing the defendant to pay to the plaintiff a sum of Rs.3,00,000/- as
damages for committing acts of infringement of trademark and passing off.
authorized signatory of the plaintiff and the defendant appeared before this
Court and they stated that, pending suit they entered into compromise and
C.S. (Comm. Div.) No.97 of 2024
the terms and conditions of the compromise have been reduced into
writing in the memorandum of compromise dated 04.07.2024. Further, they both stated that they understood the terms and conditions mentioned in the memorandum of compromise and they accepted the terms and
conditions mentioned therein.
memo to that effect, it is seen that the defendant was already set ex-parte
vide order of this Court dated 20.06.2024.
memorandum of compromise shall form part and parcel of this decree.
15.07.2024
Neutral Case Citation : Yes/No Ksa-2
C.S. (Comm. Div.) No.97 of 2024
P.VELMURUGAN. J.
Ksa-2
C.S. (Comm. Div.) No.97 of 2024 and O.A.Nos.372 and 373 of 2024 and A.No.2619 of 2024
15.07.2024
1 issue framed by the court
Whether the plaintiff's trademark 'Arun ICECREAMS' is well-known and whether the defendant's use of 'Ammu ICECREAMS' constitutes infringement and passing off?
4 provisions across 4 enactments
Hatsun Agro Product Ltd
M/s. Ammu Ice Cream
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
