IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.03.2017 CORAM THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.S.No.995 of 2016 & A.No.1207 of 2017 O.A.No.4 of 2017 R.Parthiban ... Plaintiff Vs
1. Akshaya Food Products
2. N.Vijaya Rangan
3. P.Kannan
4. S.Sankar
5. S.Senthil
6. S.Balakrishnan ... Defendants Plaint filed under Order VII Rule 1 of the Civil Procedure Code, 1908 Sections 29, 134 and 135 of Trademarks Act, 1999 (47 of 1999) read with Order IV Rule 1 of the Original Side Rules of the Madras High Court, praying for judgment and decree as follows:
i) a permanent injunction restraining the defendants, its men, agents, men acting under them or claiming under them, from in any manner infringing the registered Trademark of the plaintiff viz., “Amutham” being Trademark registration No.976481 with effect from 12.12.2000 (vide trademark registration certificate No.712246) either by manufacturing, marketing and selling non-alcoholic aerated and non- aerated soft drinks, fruit juice beverages, fruit and non-fruit syrups etc., under the trademark “Amutham” or any other deceptively similar mark with minor changes / variation.
ii) A permanent injunction restraining the defendants, its men, agents, men acting under them or claiming under them or through them, from in any manner passing off their “Amutham” non-alcoholic aerated and non- aerated soft drinks, fruit juice beverages, furit and non-furit syrups etc. as that of the plaintiff's by using the offending trademark “Amutham” which is similar and identical to that of the plaintiff's established trademark “Amutham” or by using any other trademark which is similar or deceptively similar to that of the plaintiff either by manufacturing or selling or offering for sale or in any manner advertising the same for non-alcoholic aerated and non-aerated soft drinks, fruit juice beverages, fruit and non-fruit syrups etc.
iii) direct the defendants to render a true and faithful account of the profits earned by them through sale of goods where the offending trademark “Amutham” and directing payment of such profits to the plaintiff by way of damages.
iv) directing the defendants to surrender to the plaintiff the entire stock of “Amutham” non-alcoholic aerated and non-aerated soft drinks, fruit juice beverages, fruit and non-fruit syrups etc. Bearing the offending trademark “Amutham” which is similar and or identical to the plaintiff's trademark “Amutham” together with cartons, labels brouchers, printing blocks, containers, boxes, etc., bearing the offending trademark for destruction.
v) costs of the suit.
For Plaintiff : M/s.K.Ashok Kumar For Defendants : Mr.S.Anandkumar JUDGMENT The learned counsel for the plaintiff as well as the learned counsel for the defendants, have submitted that the dispute has been amicably settled between the parties in the Tamil Nadu Mediation and Conciliation Centre. The Mediation Centre has produced Mediation report dated 01.03.2017, enclosing the joint memo of compromise between the parties. The plaintiff and defendants 2 to 4 are present and they submit that the matter is settled.
2. In view of the above, the civil suit is decreed in terms of the joint memo of compromise and the joint memo of compromise shall form part of the decree. Registry is directed to refund the court fee to the plaintiffs as per law. No costs. Consequently, the connected applications are closed.
10.03.2017
Index:Yes/No pvs To The Sub Assistant Registrar, Original Side, High Court, Madras.
K.KALYANASUNDARAM, J., pvs C.S.No.995 of 2016 & A.No.1207 of 2017 O.A.No.4 of 2017 10.03.2017 http://www.judis.nic.in