Madras High Court
And Also Carrying On Its Business ... vs M/S.Arogya Rahasya Private ... on 19 April, 2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2021
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.No.73 of 2020
and
O.A.Nos.109 and 110 of 2020,
and A.Nos.738 and 739 of 2020
Hatsun Agro Product Ltd.,
Having registered office at
No.1/20-A, Rajiv Gandhi Salai (OMR),
Karapakkam, Chennai 600 097.
And also carrying on its business at
Ol'd No.AD-83/New No.AD13,
Anna Nagar, Opp.:IOB Towers Branch,
Chennai 600 040.
Rep. by its Authorized Signatory. .. Plaintiff
..vs..
1.M/s.Arogya Rahasya Private Limited,
Regd. Office:6-1-297/1,
Venkatapuram Colony, Padmarao Nagar,
Secunderabad 500 025,
Telengana
2.Mr.Amrut Lal Sivanand Patel,
#6-3-3/2/A, Near Gandhi Hospital,
Metro Station, New Bhoiguda,
Secunderabad 500 003,
Telengana.
3.Varsha Organics
Fact:33, Ratan Industrial Area,
Harsulia, Phagi,
Jaipur 303 005,
Rajasthan. ...Defendants
https://www.mhc.tn.gov.in/judis/
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Prayer :Civil Suit filed under Order VII Rule I of Civil Procedure
Code read with Order (iv) Rules (I) of the O.S.Rules and Section
134 and 135 of the Trademarks Act, 1999 and Section 7 of the
Commercial Courts Act, 2015 for the following reliefs:
(a) For permanent injunction restraining the defendants by itself,
its agents, servants, distributors or any one claiming through it from
using in any manner infringing the plaintiffs trademark “AROKYA” 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 or causing infringement of the plaintiff's
registered trademark as described in the Schedule to the Plaint.
(b) For permanent injunction restraining the defendants by itself,
its agents, servants, distributors or any one claiming through it in
any manner whatsoever from passing off its products as that of the
plaintiff by using the offending trademark “AROGYA RAHASYA”
which is similar, deceptively similar and identical to the plaintiff's
trademark AROKYA or by using any other trademark which is
similar, deceptively similar or identical to that of the plaintiff's
trademark AROKYA by manufacturing or selling or offering for sale
in any manner advertising the same.
(c) Directing the defendants to surrender to the plaintiff the
entire products with the offending labels, stocks with offending
labels together with the blocks and dies, name boards, sign boards,
etc., for destruction.
(d) Directing the defendants to render true and faithful accounts
of the profits earned by them through the sale of the offending haldi
juice products bearing the offending trademark label and directing
payment of such profits to the plaintiff.
(e) Directing the defendant to pay to the plaintiff the cost of the
https://www.mhc.tn.gov.in/judis/
suit.
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For Plaintiff : Mr.G.Kalyan Jhabakh
For Defendants :Mr.G.Sudhagar
JUDGMENT
On receipt of the suit summons in the case filed against
the defendants alleging infringement of copyright, the defendants
have entered appearance and filed Memo of Compromise dated
15.04.2021 with an undertaking that the second defendant will
withdraw the trademark Application No.4267155 currently pending
on the file of the Trademark Registry and also will not attempt to
register any trademark containing the plaintiff's trademark
“AROKYA” or any trademark, which is identical or similar to the
plaintiff's trademark “AROKYA”.
2.Learned counsels appearing on both sides represented
that the memo of compromise shall be recorded and the suit may
be decreed in terms of the compromise memo.
3.Recording the submission, the suit is decreed in terms of
compromise memo. The memo of compromise shall form part of
the decree. No costs. The connected applications are closed.
19.04.2021
vri
https://www.mhc.tn.gov.in/judis/
DR.G.JAYACHANDRAN,J.
Vri
C.S.No.73 of 2020
19.04.2021
https://www.mhc.tn.gov.in/judis/
