Goutam Kumar, Sole Proprietor of Kesariya Tapes Vs Vijay Kumar Moonat Sole Proprietor of Sewasagar Industries

Prayer : Plaint is filed under Order IV Rule 1 of the Original Side Rules Read With Order VII Rule 1 of CPC and Sections 27, 28, 29, 134 & 135 of the Trade Marks Act, 1999, Sections 51, 55 & 62 of the Copyright Act, 1957 and Section 7 of the Commercial Courts Act, praying to grant a judgment and decree on the following terms:-

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a) A permanent injunction restraining the Defendant, its lawful assignees, men, servants, agents, distributors, stockists, representatives, or anyone claiming through or under them from in any manner infringing the plaintiff's

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https://www.mhc.tn.gov.in/judis

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C.S.(Comm Div)No.152 of 2025

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registered trade mark “SILICON” by manufacturing, marketing, using or in any other manner dealing with self adhesive Tape, PVC Insulating Tape, sealants and adhesives or any allied and cognate products under the trademark “SILICON" or in any other manner similar and identical to the Plaintiff's Registered Trade Mark "SILICON";

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b) A permanent injunction restraining the Defendant, its lawful assignees, men, servants, agents, distributors, stockists, representatives, or anyone claiming through or under them from in any manner infringing the plaintiff's registered copyright artistic work "SILICON" by manufacturing, marketing, using or in any other manner dealing with Self Adhesive Tape, PVC Insulating Tape, sealants and adhesives or any allied and cognate products under the artistic work/packaging/carton of “SILICON" and its variants or in any other manner similar and identical to the Plaintiff's registered copyright artistic work "SILICON";

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c) A permanent injunction restraining the Defendant, its lawful assignees, men, servants, agents, distributors, stockists, representatives, or anyone claiming through or under them from in any manner passing off and/or enabling others to pass off the Defendant's products under the trademark "SILICON" as and for the Plaintiff's products by manufacturing, selling, offering to sell, distributing, displaying, printing, stocking, using, or advertising their products

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C.S.(Comm Div)No.152 of 2025

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with a trademark and/or label that is identical with or deceptively similar to the Plaintiff's "SILICON" trademark and its variants, or in any other manner similar and identical to the Plaintiff's trademark "SILICON", thereby causing confusion and deception among the public and the trade;

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d) The defendant be ordered to surrender to the Plaintiff for destruction

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of all products, labels, cartons, dyes, blocks, visiting cards, leaflets, promotional materials, moulds, screen prints, packing materials and other materials bearing the trademark / copyright artistic work "SILICON" or any mark deceptively similar to plaintiff's trademark/copyright artistic work “SILICON";

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e) A preliminary decree be passed in favour of the Plaintiff directing the Defendant to render accounts of profits made by use of the trademark “SILICON", 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 has rendered accounts;

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f) For the costs of the suit;

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For Plaintiff: Ms.Vanshika Vassireddy

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for M/s.Daga and Daga

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For Defendant: Mr.K.Narendran

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C.S.(Comm Div)No.152 of 2025

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JUDGMENT

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The suit was filed seeking remedies in respect of alleged trade mark infringement, copyright infringement and passing off. Pursuant to negotiations, parties have reached a settlement and presented joint memorandum of compromise dated 31.07.2025.

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The above mentioned document has been executed by the respective proprietors of the plaintiff and the defendant and by their respective counsel.

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By the compromise, the defendant has undertaken not to use the trade mark “SILICON” and to liquidate the remaining inventory bearing the impugned mark within one month from the date of execution of the memorandum. The defendant has further agreed to pay a sum of Rs.90,000/- as damages. Parties have agreed that the suit be decreed in terms of prayers (a), (b) & (c) of paragraph 38 and that the petitioner relinquishes the reliefs claimed in paragraph 38(d), (e), (f) & (g) of the plaint. I find no legal impediment to the issuance of a decree in terms of the memorandum of compromise.

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Therefore, C.S.(Comm.Div)No.152 of 2025 is decreed in terms of reliefs claimed in clauses (a) to (c) of paragraph 38 of the plaint. The joint

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C.S.(Comm Div)No.152 of 2025

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memorandum of compromise dated 31.07.2025 shall form an integral part of the decree. In view of the settlement, there will be no order as to costs. Consequently, connected applications stand closed.

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06-08-2025

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Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No kj

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C.S.(Comm Div)No.152 of 2025

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SENTHILKUMAR RAMAMOORTHY, J.