Madras High Court
Sun Pharma Laboratories Limited vs Vee Medi Biotech India Private ... on 10 August, 2021
C.S.No.130 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2021
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S(Comm.Div.).No.130 of 2021
and O.A.Nos.201 & 202 of 2021
& A.No.1417 of 2021
Sun Pharma Laboratories Limited,
CD Plot No.3, Door No.8,
Old Tower Block Street,
Nandhanam Extension,
Chennai 600 035 ... Plaintiff
Vs.
1.Vee Medi Biotech India Private Limited,
3/112, Padmavathy Nagar, Godavari Street,
Jalladianpet, Chennai 600 100.
2.Kansikh Therapeutics Private Limited,
Plot No.6 & 7, Door No.728, Kakkanjil Cross Street,
Paranipurthur Road, Gerugambakkam,
Chennai 600 128 ... Defendants
Prayer: The Civil Suit has been filed under Order IV Rule 1 of
the Original Side Rules read with Order VII Rule 1 of C.P.C r/w Sections
27, 28, 29, 134 and 135 of the Trade Marks Act, 1999, praying for
(a) A permanent injunction restraining the defendants, their men,
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C.S.No.130 of 2021
servants, agents, distributors, stockists, retailers, legal representatives, job-
workers, manufacturers, packers, export / import agents or any other person
claiming under them from in any manner infringing the Plaintiff's registered
trademarks PROLOMET and / or PROLOMET XL through the use of
ROLOMET and / or ROLOMET XL, or any other mark or marks that are in
anyway identical with and / or deceptively similar to the Plaintiff's said
registered trademarks, either by manufacturing or selling or exporting or
importing or offering for sale or stocking or importing or exporting or
advertising, either online or offline, or in any other manner whatsoever;
(b) A permanent injunction restraining the defendants, their men,
servants, agents, distributors, stockists, retailers, legal representatives, job-
workers, manufacturers, packers, export / import agents or any other person
claiming under them from in any manner manufacturing, selling, offering
for sale, stocking, importing, exporting, advertising, either online or offline,
or in any manner directly or indirectly dealing in any products under the
trademarks ROLOMET and / or ROLOMET XL or any other trademark that
is identical with and / or deceptively similar to the Plaintiff's prior adopted
trademarks PROLEMET and / or PROLOMET XL, so as to pass off the
defendants' products as and for the products of the Plaintiff.
(c ) Directing the defendants to render a true and faithful accounts
of the profits earned by them through the sale or advertisement of products
under the impugned marks ROLOMET and / or ROLOMET XL and direct
payment of such profits to the Plaintiff for the acts of infringement and
passing off committed by the Defendants.
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C.S.No.130 of 2021
(d) Directing the defendants to surrender to the Plaintiff the entire
stock of labels, containers, boxes, canisters, packaging materials, printed
materials, promotional materials, stationery, including dyes, blocks, screen
prints and other materials bearing the impugned marks ROLOMET and / or
ROLOMET XL or any other mark(s) that are in any manner similar to the
Plaintiff's trademarks PROLOMET and / or PROLOMET XL, for
destruction.
(e)Directing the defendants to pay to the Plaintiff the cost of the
suit.
For Plaintiff : Mr.S.Diwakar
For Defendants : Mr.R.Sathishkumar
JUDGMENT
(This case has been heard through video conference)
The suit is for injunction against the defendants alleging
infringement of Trademark and passing off.
2. After the receipt of suit summons, the defendants have agreed
to change the objectionable mark. Accordingly the parties have entered into
compromise. A memo of compromise between the parties dated 31.07.2021
filed before this Court, in which, the parties as well as the respective
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C.S.No.130 of 2021
counsels have signed and agreed to settle the dispute in terms of memo of
compromise.
3. In view of the compromise memo, the suit is dismissed as
settled out of Court. The terms of memo of compromise in paragraph 2(a) to
2(h) shall form part of the decree. Consequently, all other connected
applications are closed. There shall be no order as to costs.
10.08.2021
rpl
https://www.mhc.tn.gov.in/judis/
C.S.No.130 of 2021
DR.G.JAYACHANDRAN, J.
rpl
C.S.No.130 of 2021
and O.A.Nos.201 & 202 of 2021
& A.No.1417 of 2021
10.08.2021
https://www.mhc.tn.gov.in/judis/
