Madras High Court
Also Having Factory At vs Bajaj Electricals Ltd on 19 August, 2021
C.S.No.123 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2021
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S(Comm.Div.).No.123 of 2018 (A)
Maya Appliances Private Limited,
No. 10/5, Royal Enclave,
Besant Avenue, Adyar,
Chennai – 600020
Also having factory at
# 3/140, I.T Highway,
Oggiyam, Thoraipakkam,
Chennai – 600097.
Represented by its Authorized signatory,
Mr. E.Mohan ... Plaintiff
Vs.
Bajaj Electricals Ltd
45/47,Veer Nariman Road
Mumbai – 400 001 ... Defendant
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, read with
under section 22 of the Designs Act 2000 and Section 7 of the Commercial
Appellate Division of High Courts Act, No.4 of 2016, praying for
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C.S.No.123 of 2018
(a) Declare that the Defendant is infringing upon the Plaintiff's
copyright in Registered Design Nos. 264342, 264344, 272568, 272569,
272570, 272571, 272572, 272572, 272883, 272882, 272881, 272880,
273497, 276080, 284797, 285035, 288902, 288903, 288904, and 264343 in
respect of its series of framelss gas stove by manufacturing offering for sale
and selling of the Defendant's frameless gas stoves.
(b) Grant a permanent injunction restraining the Defendant, its
men, agents, or persons acting on its behalf, from in any manner infringing
the Plaintiff's copyright in design of frameless gas stoves bearing Registered
Design Nos. 264342, 264344, 272568, 272569, 272570, 272571, 272572,
272883, 272882, 272881, 272880, 273497, 276080, 284797, 285035,
288902, 288903, 288904, and 269343 by manufacturing, or offering for sale
or selling any gas stoves with features similar to the plaintiff's frameless gas
stove design;
(c) Grant a permanent injunction restraining Defendant from in
any manner passing off the Plaintiff's frameless gas cooktops/ gas stoves
marketed and sold by using identical/ or deceptively similar frameless
design, shape or configuration, and marketing and selling the same under
the name “ Majestic Infinity 2BR” or in any other name any manner
whatsoever;
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C.S.No.123 of 2018
(d) Directing the Defendant to pay the Plaintiff a sum of Rs.
2,50,00,000/- as damages along with interest @ 18 % per annum from the
date of plaint till the date of realization;
(e) Directing the Defendant, its men, agents and persons acting on
its behalf to it, to deliver up for destruction all the infringing frameless gas
stoves and any parts thereof, and any frameless gas stoves marketed and
offered for sale by the defendant which would amount to passing off as the
plaintiff's frameless gas stove which is marketed and offered for sale or any
other frameless gas stove by being identical or deceptively similar thereof
including all dyes, moulds, cartons, boxes and other packaging materials
and any other machinery that may be used in the manufacture of the
infringing products;
(f) Direct the Defendant to pay the costs of the suit;
For Plaintiff : Mr.T.K.Baskar
For Defendant : Mr.M.S.Bharath
JUDGMENT
(This case has been heard through video conference)
The Plaintiff and defendant have entered into a compromise. A
Memo of compromise is filed before this Court to pass the decree in terms
of the compromise memo.
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C.S.No.123 of 2018
2. Accordingly, the suit is allowed in terms of compromise memo.
The Memo of Compromise shall form part of the decree. There shall be no
order as to costs.
19.08.2021
rpl
https://www.mhc.tn.gov.in/judis/
C.S.No.123 of 2018
DR.G.JAYACHANDRAN, J.
rpl
C.S.No.123 of 2018
19.08.2021
https://www.mhc.tn.gov.in/judis/
