(Judgment of the Court was delivered by The Hon'ble Chief Justice) The plaintiff has filed the suit for infringement of its registered trademark CYCLE BRAND THREE IN ONE with the unique and distinctive colour scheme by the defendant, who is alleged to be using the identical and the offending trademark THREE IN ONE with identical/ or deceptively similar colour scheme. A relief of permanent injunction is sought for infringement of the trademark as also the copyright and passing off in respect of its product Incense Sticks, apart from claiming the account of the profits and to surrender the unused offending labels.
2. In the course of hearing of the appeals against the interlocutory orders, the parties have been able to resolve the disputes in the suit itself and have filed the common Memorandum of Compromise entered between the parties in Court both in respect of the appeals and the suit. The common Memorandum of Compromise is taken on record in the suit. Along with the common Memorandum of Compromise, Annexures A & B have been filed, which are the two labels.
3. In terms of the common Memorandum of Compromise, the defendant has agreed forthwith cease to use and shall not manufacture/market the products or in any manner use the offending label as found in Annexure A or any other label similar to the plaintiff's CYCLE BRAND THREE IN ONE label as found in Annexure B. The defendant has agreed to suffer a decree for permanent injunction in terms of the prayers 29(a), 29(b) and 29(c) of the plaint and the plaintiff in turn agreed to give up the other reliefs found in the plaint being prayers 29(d), 29(e) and 29(f), leaving the parties to bear their own costs. The authorised representatives of the plaintiff and the defendant are present in Court.
4. We have perused the common Memorandum of Compromise and see no legal impediment in its enforcement, which is given the mark A and the two labels as mark B & C.
5. The original suit stands decreed in terms of the common Memorandum of Compromise. The marks A, B & C will form part of the decree sheet. Decree sheet be drawn accordingly. No costs.
(S.K.K., CJ.) (M.S, J.) 10.01.2017 Index : Yes/No Internet : Yes/No bbr The Hon'ble Chief Justice and M.Sundar, J bbr C.S.No.504 of 2015 10.01.2017 http://www.judis.nic.in