IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 21.11.2017 Coram :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH C.S.No.713 of 2017 &
O.A.Nos.885 to 888 of 2017 Orkin Expansion Inc having its office at 1105 North Market Street, Suite 1106 Wilmington Delaware 19899 United States of America represented herein by its Power of Attorney Mr.Samridh Bhardwaj having office at Millennium Plaza, Sector 27, Gurgaon 122009 ... Plaintiff -vs-
Orkin Pest Solutions (India) Private Limited having its registered Office at 333, MTH Road, 1st Floor, Villivakkam, Chennbai 600 049, Tamilnadu ... Defendant Plaint filed under Order IV, Rule 1 O.S.Rules 1994 read with order VII, Rule 1 CPC, Sections 27, 134 and 135 of the Trade Marks Act, 1999 and Section 55 and 62 of the Copy Right Act, 1957 praying for granting;
(a) permanent/perpetual injunction against infringement of the Plaintiff's registered trade mark under No.1499582 as detailed in annexure 1 by restraining the defendant, its promoters, assigns, successors-in-interest, licensees, franchisees, partners, directors, representatives, servants, distributors, employees, agents etc or any one associated with them from using the objectionable trade mark and/or any identical and/or deceptive variation of the plaintiff's aforementioned trade mark singularly or in conjunction with any word/s or monogram/s/logo/s upon and in relation to their products/business in any manner whatsoever;
(b) permanent/perpetual injunction restraining the defendant, its promoters, assigns, successors-in-interest, license3es, franchisees, partners, directors, representatives, servants, distributors, employees, agents etc. or anyone associated with them from infringing or causing infringement of the plaintiff's copyright vesting in the artistic works as detailed in ANNEXURE II by exposing for sale or using them or copying/reproducing or causing reproduction of the same in any packaging or literature or any colourable imitation or substantial reproduction thereof in any manner whatsoever;
(c) permanent/perpetual injunction restraining the defendant, its promoters, assigns, successors-in-interest, licenses, franchisees, aprtners, directors, representatives, servants, distributors, employees, agents etc, or any one associated with them from using the objectionable trade marks/art works and/or any identical and/ or deceptive variation of the plaintiff's trade marks and/ or artworks as detailed in ANNEXURE I, II and III in any manner so as to pass off or enable others to pass off their goods, products, services or business as that of the Plaintiff or in some way convey a connection with the Plaintiff;
(d) direct the defendant, its promoters, assigns, succesors – in – interest, licensees, franchisees, partners, directors, representatives, servants, distributors, employees, agents etc., or any one associated with them to deliver-up/surrender to the Plaintiff for destruction of their entire stock of products, stationery, letterheads, signage, reprographic materials, packaging, labels or any other material for advertising, selling or marketing any goods bearing the objectionable trade mark/artworks and/or any identical and/or deceptive variations of the Plaintiff's trade marks and / or artworks as detailed in ANNEXURE I, II and III.
(e) directing the defendant to render a true and faithful account of the profits made by using the objectionable trademark/artwork and the defendant be further ordered and directed to pay to the plaintiff such amount as may be found due on such account being taken;
(f) the defendant be ordered and decreed to pay to the plaintiff a sum of Rs.25,00,000 (Rupees twenty five lakhs) as damages on account of infringing and passing off the trade mark and/or art works as detailed in ANNEXURE I, II and III.
(g) direct the defendant to pay to the plaintiff costs of the suit;
For Plaintiff : Mr.P.Raj Kumar Jhabakh For Defendant : Mr.M.S.Bharath J U D G M E N T Learned counsel appearing for the parties would circulate a memorandum of compromise dated 16.11.2017 duly executed by the parties as well as their respective counsel praying for decree of the suit in line with the compromise arrived at.
2. Accordingly, the suit is decreed in terms of memorandum of compromise dated 16.11.2017 which is made part and parcel of this order. Connected applications are closed. Parties are left to bear their own costs.
21.11.2017
Speaking Order/Non-Speaking Order Index : Yes/No msr Note: Issue copy on 4.12.2017 DR. ANITA SUMANTH, J.
msr C.S.No.713 of 2017 & O.A.Nos.885 to 888 of 2017 21.11.2017