Madras High Court
M/S.Mrf Limited vs Mohammad Aabid on 27 April, 2021
C.S.No.675 of 2019
and A.Nos., 1823&1824/2020, 9190/2019 &
O.A.Nos.1061 to 1063 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.04.2021
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.No.675 of 2019
and
A.Nos., 1823&1824/2020, 9190/2019
and
O.A.Nos.1061 to 1063 of 2019
M/s.MRF Limited,
Having regd. Office at
No.114, Greams Road,
Chennai 600 006, rep by its
Senior Manager-Sales planning
Mr.George Samuel .. Plaintiff
/versus/
1.Mohammad Aabid
Proprietor
OMRF Pipe and Products
No.1/8, Hamidia Road Ayodhya Bypass Road,
Kanhasiya Village, Near Hotel Sonali,
Hamidiya Road, Patel Nagar,
Bhopal, Madhya Pradesh 462 023.
2.Mohammad Shahid
CEO/Manager
OMRF Pipe and Products
No.1/8, Hamidia Road Ayodhya Bypass Road,
1/7
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
C.S.No.675 of 2019
and A.Nos., 1823&1824/2020, 9190/2019 &
O.A.Nos.1061 to 1063 of 2019
Kanhasiya Village, Near Hotel Sonali,
Hamidiya Road, Patel Nagar,
Bhopal, Madhya Pradesh 462 023. .. Defendants
This Civil Suit is filed under Order IV Rule 1 Original Side
Rules, Sections 28, 29, 134 and 135 of the Trademarks Act, 1999 and
Sections 51, 55 and 62 of the Copyright Act, 1957 and Section 7 of the
Commercial Courts, Commercial Division and Commercial Appellate
Division of High Courts Act, No.4 of 2016, prayed for (a) A perpetual
injunction restraining the Defendants, its distributors, stockists, servants,
agents, retailers, representatives or any other person claiming
under/through them, from in any manner infringing the Plaintiff's
Registered Trademarks 'MRF' and/or 'MRF Connected Letter Device' by
manufacturing, marketing, and/or using or displaying the Trademark
'OMRF' or any other trademark which are identical with and/or
deceptively similar to the Plaintiff's trademark 'MRF' and/or 'MRF
Connected Letter Device' in connection with the defendant's
goods/services and/or business, as a trademark or trade name or social
media user name/id or to identify in location services including google
maps or part thereof or in any other manner whatsoever;
(b) A perpetual injunction restraining the Defendants, their
distributors, stockist's, servants, agents, retailers, representatives or any
other person claiming under/through them, from in any manner using the
trademarks 'OMRF' and/or any other mark which is identical with or
2/7
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
C.S.No.675 of 2019
and A.Nos., 1823&1824/2020, 9190/2019 &
O.A.Nos.1061 to 1063 of 2019
deceptively similar to the Plaintiff's registered trademark MRF corporate
Trademarks/Artistic Works and/or 'MRF Connected Letter Device' so as
to pass off the Defendant's goods or services or business as that of the
Plaintiff and/or wrongfully associate themselves with the Plaintiff's
business or in any other manner whatsoever;
(c ) A perpetual injunction restraining the Defendants, his
distributors, stockists, servants, agents, retailers, representatives or any
other person claiming under/through him from in any manner infringing
the Plaintiff's Copyright in the 'MRF CONNECTED LETTER DEVICE'
filed as Plaint Document No.1 by using the infringing mark OMRF as
shown in Plaint Document No.6 or any other mark/device/artistic work
with is identical with/deceptively similar or any substantial reproduction
of the 'MRF CONNECTED LETTER DEVICE' on or in connection with
the business of the Defendants, or in any other manner whatsoever;
(d) The Defendants be ordered to remove all painted displays,
and other display material being used by the Defendants containing MRF
Corporate Trademarks/Artistic Works, 'MRF Connected Letter Device' or
any other mark which is deceptively similar and/or is a substantial
reproduction thereof and surrender to Plaintiff the glow sign board, all
goods, labels, dyes, blocks, moulds, screen prints, packing materials,
bills, vouchers, literature, publicity material, letterheads, invoices,
challans, visiting cards, job cards, delivery notes, rate list, sign boards,
3/7
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https://www.mhc.tn.gov.in/judis/
C.S.No.675 of 2019
and A.Nos., 1823&1824/2020, 9190/2019 &
O.A.Nos.1061 to 1063 of 2019
glow signs, blow ups and all reprographic materials and other materials
bearing any of the trademarks or artistic works of the Plaintiff;
(e) A preliminary decree be passed in favour of the Plaintiff
directing the Defendants to render account of profits made by use of
trademark MRF and MRF CONNECTED LETTER DEVICE, and a final
decree be passed in favour of the Plaintiff for the amount of profits thus
found to have been made by the Defendants after the latter have rendered
accounts;
(f) The Defendants be ordered and decreed to pay to the
Plaintiff a sum of Rs.25,01,000/- as special damages for acts of passing
off and infringement of Trademark and infringement of Copyright
committed by the Defendants;
(g) For costs of the suit; and
For plaintiff : M/s.Madhan Babu
For Defendants : Mr.Minesh Andharia
JUDGMENT
The suit is filed seeking perpetual injunction restraining the
defendants from infringing the Plaintiff's Registered Trademarks 'MRF'
and/or 'MRF Connected Letter Device' by manufacturing, marketing,
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
C.S.No.675 of 2019
and A.Nos., 1823&1824/2020, 9190/2019 &
O.A.Nos.1061 to 1063 of 2019
and/or using or displaying the Trademark 'OMRF' or any other trademark
which are identical with and/or deceptively similar to the Plaintiff's
trademark 'MRF' and/or 'MRF Connected Letter Device' in connection
with the defendant's goods/services and/or business, as a trademark or
trade name.
2. At the time of admission, this Court being prima facie
satisfied that there is an infringement of the plaintiff's trademark, had
granted ad interim injunction on 29.11.2019. Thereafter, the defendants
had entered appearance through their counsel and had also entered into
joint memo of compromise with the plaintiff agreeing not to infringe the
trademark of the plaintiff or use the trademark 'OMRF' or the design
used by the defendants, they have also agreed to pay a notional sum of
Rs.10,000/- towards damages to the plaintiff. A joint memo of
compromise entered into between the parties on 03.02.2021 at Bhopal
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https://www.mhc.tn.gov.in/judis/
C.S.No.675 of 2019
and A.Nos., 1823&1824/2020, 9190/2019 &
O.A.Nos.1061 to 1063 of 2019
has been filed before this Court.
3. Taking note of the terms of compromise and the notional
damage paid by the defendants, the plaintiff wants to record the
compromise and pass the decree in terms of compromise. The learned
counsel for the defendants has no objection.
4. In the result, the civil suit is decreed in terms of Joint Memo
of Compromise dated 03.02.2021. The terms of compromise shall form
part of the decree. Consequently, connected applications are also closed.
No costs.
27.04.2021
Speaking Order / Non-Speaking Order
Index : yes/no
rpl
Dr.G.JAYACHANDRAN,J.
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
C.S.No.675 of 2019
and A.Nos., 1823&1824/2020, 9190/2019 &
O.A.Nos.1061 to 1063 of 2019
rpl
C.S.No.675 of 2019
and A.Nos., 1823&1824/2020, 9190/2019
andO.A.Nos.1061 to 1063 of 2019
27.04.2021
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
