IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 09.11.2017 Coram :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
C.S.No.802 of 2010 & A.Nos.6222 to 6224 of 2010 O.A.Nos.996 to 998 of 2010 A.No.5236 of 2010 Coromandel International Ltd., “Dare House”, 234, NSC Bose Road, Chennai 600 001, represented by its Vice President and Constituted Attorney Mr.P.Varadarajan ... Plaintiff -vs-
K.P.R. Fertilisers Limited, D.No.8-256, Tata Nagar, BB Puram, Bikkavolu 533 343, East Godavari District, Andhra Pradesh ... Defendant Plaint filed under Order IV, Rule 1 O.S.Rules and Order VII, Rule 1 of the C.P.C., r/w.Section 27, 28, 29, 134 and 135 of Trade Marks Act 1999 and Section 55 and 62 of Copy Right Act, 1957 seeking;
(a) a perpetual injunction restraining the defendants, by themselves, its directors, legal representatives, men, servants, agents, distributors, stockists, wholesalers, retailers, representatives or any one claiming under it, from in any manner infringing the Plaintiff's trade mark device of a man with turban and lady with money and a bunch of crop in their hands label under No.445604 and 1046587 for fertilisers by use of AJAY label with device of man with turban, lady with money and a bunch of crop in her hands or any other label which is deceptively similar to plaintiff's said registered trademarks or in any manner whatsoever;
(b) a perpetual injunction restraining the defendants, by themselves, its directors, legal representatives, men, servants, agents, distributors, stockists, wholesalers, retailers, representatives or any one claiming under it, from in any manner infringing the Plaintiff's copyright in the artistic work GODAVARI label by use of AJAY label or any other label, which is a substantial reproduction of plaintiff's artistic work GODAVARI label, in colour scheme, get-up, lay out or in any manner whatsoever;
(c). a perpetual injunction restraining the defendants, by themselves, its directors, legal representatives, men, servants, agents, distributors, stockists, wholesalers, retailers, representatives or any once claiming under it, from in any manner passing off and enabling others to pass off the defendant's fertilizers as and for the plaintiff's fertilizers, by use of AJAY label or any other label which is identical or deceptively similar to the plaintiff's trademark and artistic work GODAVARI label having the artistic features colour scheme, get up, lay out and trade dress or in any other manner whatsoever;
(d) the defendants be ordered to surrender to the plaintiff for destruction of all AJAY label, dyes, prints, blocks, moulds, plates, screen prints, brochures, packing materials, advertising materials and other materials which is identical and or/similar and a substantial reproduction of the plaintiff's trade dress and copyright in the artistic work in GODAVARI LABEL;
(e) a preliminary decree be passed in favour of the plaintiff directing the defendant tor ender account of profits made by use of the distinctive colour scheme, get up, lay out and artistic features contained in the plaintiff's GODAVARI LABEL 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 have rendered accounts;
(f) The defendant be ordered and decreed to pay to the plaintiff a sum of Rs.1,00,000/- as damages for acts of infringement of trademark, infringement of copyright and passing off committed by the defendant by manufacture and sale of fertilizers bearing the said trademarks and artistic works and for costs of the suit.
For Plaintiff : Mr. Arun C. Mohan For Defendant : Mr.G. Karthikeyan J U D G M E N T Learned Counsel Mr.Arun C.Mohan appearing for the plaintiff and Mr.G.Karthikeyan appearing for the defendant would agree that the disputes raised in the suit and connected applications stand resolved.
2. An affidavit has been filed by the defendant to the effect that the design of the Gunny Bag used has been changed to the satisfaction of the plaintiff.
3. The plaintiff files a compilation of documents (pages 1 – 3) to illustrate the erstwhile design of the gunny bags at pages 1 and 2 and the current design which the defendant proposes to use at page 3 thereon.
4. The suit is thus decreed, recording the above statements of learned counsel and making affidavit dated 13.09.2017 of the defendant and compilation of documents dated 13.09.2017 of the plaintiff (pages 1 – 3) part and parcel of the decree. All connected applications are closed.
DR. ANITA SUMANTH, J.
msr 4. Parties are left to bear their own costs.
Speaking Order/Non-Speaking Order Index : Yes/No msr
09.11.2017
C.S.No.802 of 2010& A.Nos.6222 to 6224 of 2010 O.A.Nos.996 to 998 of 2010 A.No.5236 of 2010 09.11.2017