Nippon Paint Holding Co. Ltd. Vs Suraj Sharma

M/s. Nippon Paint & Chemicals Tilak Nagar Road, Ghass Mandi Basti Sheikh Jalandhar City, Punjab-144002. Representing through its Proprietor Mr.Suraj Sharma.

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... Defendants

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Prayer : Plaint is filed under Order IV Rule 1 of the Madras High Court Original Side Rules Read With Order VII Rule 1 of the Code of Civil Procedure and Section 2(1)(c)(xvii) and Section 7 of the Commercial Courts Act, 2015 Read With Sections 27, 28, 29, 134, and 135 of the Trade Marks Act, 1999, and Sections 51, 55 and 62 of the Copyright Act, 1957, prays for the Judgment and Decree against the defendants, as follows:

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(a) Pass and pronounce a decree of permanent injunction restraining

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the defendants from infringing upon the plaintiff's registered NIPPON PAINT trade marks/name, through themselves or through, their promoters, partners, assigns, sister concern, affiliates, relatives, successors-in-interest, licensees, franchisees, representatives, servants, distributors, employees, agents, etc. or anyone associated with them, from using in relation to their products/business directly or indirectly, and/or in any manner whatsoever the

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impugned

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singularly or in conjunction with any other word or logo as a trade mark, Service mark, house mark, trade name, trading style, website, domain name, e-mail address, webpages or otherwise in any manner whatsoever;

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(b) Pass and pronounce a decree of permanent injunction restraining the Defendants, their promoters, partners, assigns, sister concern, affiliates, relatives, successors-in-interest, licensees, franchisees, representatives, servants, distributors, employees, agents etc. or anyone associated with them from manufacturing, promoting, selling, using, reproducing, importing, exporting or displaying the Plaintiff's NIPPON PAINT marks/name including

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deceptively similar to the NIPPON PAINT trade marks/ name in any manner whatsoever so as to pass off or enable others to pass off their business and/or

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Plaintiffs;

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products as that of the Plaintiffs or in some manner connected with the Plaintiffs;

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(c) Pass and pronounce a decree of permanent injunction restraining the defendants from infringing upon the Plaintiffs' copyright in the artistic work/label/logos/device/representation, viz.,

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through themselves or through their promoters, partners, assigns, sister concern, affiliates, relatives, successors-in-interest, licensees, franchisees. representatives, servants, distributors, employees, agents etc. from using, reproducing or displaying the impugned device/logo

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or any such artistic

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work/ representation/logo, or any other work similar to or being an identical or substantial reproduction of Plaintiffs’ above-mentioned artistic work/ representation/logo, singularly or in conjunction with any other words or

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monogram/logo in any manner in relation to their goods/business;

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(d) Pass and pronounce a decree directing the Defendants, their

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promoters, partners, assigns, sister concern, affiliates, relatives, successorsin-interest, licensees, franchisees, representatives, servants, distributors, employees, agents etc. or anyone associated with them to deliver-up to the Plaintiffs all products, including products, product packaging, printed materials, stationery, labels etc. sold under the Plaintiffs' NIPPON PAINT

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marks/name including

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(e) Pass and pronounce a preliminary decree for rendition of accounts

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directing the Defendants to produce before the Hon'ble Court or any person

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nominated/designated/appointed by this Hon'ble Court all accounts in

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general and invoices and sales figures in particular;

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(f) Pass and pronounce a decree declaring that the mark NIPPON

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PAINT is a well-known trade mark(s) under Section 2(1)(zg) of the Act;

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(g) Pass and pronounce a final money decree in favour of the

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Plaintiffs’ and against the Defendants for payment of damages in the sum of INR 2,00,00,000 or in such higher sum as may be determined/ascertained

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pursuant to the rendition of accounts;

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(h) Award costs of the suit.

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For Plaintiffs : Mr.J.V.Abhay

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Ms.Maidini Phul Ms.Sushain Sobti Ms.J.Akhila For Defendants : Mr.S.M.Vivekanandh Mr.Davesh Vashishtha (T)OP(TM)No.8 of 2024 M/s Nippon Paint Kabushiki Kaisha (Nippon Paint Co. Ltd.), presently known as Nippon Paint Holdings Co. Ltd., at 2-1-2 Oyodo Kita, Kita-Ku, Osaka, Japan. .. Petitioner vs. Suraj Sharma trading as Nippon Paints and Chemicals, Tilak Nagar Road, Ghass Mandi Basti Sheikh Jalandhar City, Punjab. .. Respondent For Petitioner : Mr.J.V.Abhay Ms.Maidini Phul Ms.Sushain Sobti Ms.J.Akhila For Respondent : Mr.S.M.Vivekanandh Mr.Davesh Vashishtha 8/26

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JUDGMENT

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Today, the authorized representatives of the plaintiff and the defendant

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appeared before this Court through video-conference and they were duly identified by their respective counsel.

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A joint memorandum of compromise dated 13.11.2025 has been

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filed stating that the parties have settled the matter before the Supreme Court

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Mediation Centre vide Settlement Agreement dated 12.08.2025. The said document has been executed by the respective proprietors of the plaintiff and

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the defendant and by their respective counsel. The Supreme Court Mediation Centre has enclosed the settlement agreement dated 12.08.2025. Therefore,

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it is appropriate to incorporate the scanned copy of the Settlement Agreement dated 12.08.2025 and a joint memorandum of compromise dated

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13.11.2025 filed by both the parties and the same are extracted hereunder:

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Therefore, C.S.(Comm.Div)No.7 of 2024 and (T)OP(TM)No.8 of

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2024 are disposed of in terms of the joint memorandum of compromise dated 13.11.2025 and the Settlement Agreement dated 12.08.2025. The joint memorandum of compromise and the Settlement Agreement shall form part of the decree. In view of the settlement, there will be no order as to costs.

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14.11.2025

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

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N. SENTHILKUMAR,J.