Madras High Court
Curatio Health Care (I) Private ... vs Maharashtra Safe Chemists And on 23 February, 2021
C.S.No.10 of 2021, O.A.Nos.20, 21, 22 of 2021, A.No.85 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2021
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No.10 of 2021
and O.A.Nos.20, 21, 22 of 2021
and A.No.85 of 2021
Curatio Health Care (I) Private Limited,
Repl by its Director,
Mr.P.V.Sankar Dass
Having Registered office at:
25/13, 4th Floor, Mamatha Complex,
Whites Road, Royapettah, Chennai 600 014.
Tamil Nadu, India. ... Plaintiff
..Vs..
Maharashtra Safe Chemists and
Distributors Alliance Limited
Rep. by its Director
Having Registered office at:
6th Floor, Corporate Park-II,
V.N.Purav Marg, Chembur,
Mumbai - 400 071, Maharashtra, India. ... Defendant
PRAYER : Plaint filed under and Order VII Rule 1 CPC read with Order
IV Rule 1 of the Original Side Rules of the Madras High Court, Section
2(1)(c)(xvii) read with Section 7 of the Commercial Courts Act, 2015,
https://www.mhc.tn.gov.in/judis/
C.S.No.10 of 2021, O.A.Nos.20, 21, 22 of 2021, A.No.85 of 2021
Sections 11, 27, 29, 134 & 135 Trademarks Act, 1999 and Sections 14, 51,
55 & 62 of the Copyright Act 1957, prayed for a Judgment and Decree:-
(a) A permanent injunction restraining the Defendant, their
proprietors, partners, directors, management, subsidiaries, affiliates,
franchisees, officers, employees, personnel, servants, agents, representatives
including wholesalers, distributors, dealers, retailers, stockists and
launching, selling, advertising, exporting any product and / or in any manner
directly or indirectly using the trademark "T-BAR" and / or any mark
identical or similar to the plaintiff's mark "TEDIBAR" and / or any other
trademark, amounting to infringement of plaintiff's registered Trademarks
under Nos. 1755150 and 4454594 in Class 03 and 2865516 in Class 05;
(b) A permanent injunction restraining the Defendant, their
proprietors, partners, directors, management, subsidiaries, affiliates,
franchisees, officers, employees, personnel, servants, agents, representatives
including wholesalers, distributors, dealers, retailers, stockists and anyone
acting for or on their behalf from in any manner manufacturing, marketing,
launching, selling, advertising, exporting any product and / or in any manner
https://www.mhc.tn.gov.in/judis/
C.S.No.10 of 2021, O.A.Nos.20, 21, 22 of 2021, A.No.85 of 2021
directly or indirectly using the defendant's impugned label / packaging /
trade dress "T-BAR" and / or any label / packaging / trade dress identical or
similar to the plaintiff's label / packaging / trade dress "TEDIBAR" and / or
any other product, amounting to infringement of plaintiff's copyright
vesting in the artistic work of the label / packaging / trade dress;
(c) A permanent injunction restraining the Defendant, their
proprietors, partners, directors, subsidiaries, affiliates, franchisees, officers,
employees, personnel, servants, agents, representatives including
wholesalers, distributors, stockists and anyone acting for or on their behalf
from manufacturing, marketing, launching, selling, advertising, exporting
any product and / or in any manner directly or indirectly using the trademark
"T-BAR" and / or the impugned label / packaging / trade dress "T-BAR"
and / or any mark identical or similar to the plaintiff's mark "TEDIBAR"
and plaintiff's label / packaging / trade dress "TEDIBAR" and / or any
other trademark, amounting to passing off the defendant's products as that of
the plaintiff's;
https://www.mhc.tn.gov.in/judis/
C.S.No.10 of 2021, O.A.Nos.20, 21, 22 of 2021, A.No.85 of 2021
(d) An order directing the Defendant to furnish all the data and
accounts of any and all transactions undertaken, goods manufactured,
marketed, launched, sold, advertised, exported, services rendered, and the
profits obtained during the course of their business relating to the sale of
goods under the impugned trademark "T-BAR" and / or the impugned label
/ packaging / trade dress "T-BAR" and / or any other trademark / label /
packaging / trade dress similar to the plaintiff's products under the trademark
/ label / packaging / trade dress "TEDIBAR";
(e) An order directing the defendant to pay preliminary damages
for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the plaintiff apart
from such damages as calculated upon accounts being rendered by the
defendants;
(f) An order for delivery up of any and all finished and / or
unfinished products, cartons, product packaging, materials including
signage, cards, stationary, accessories, labels, brochures, books, printed
materials including hoardings and other material bearing the impugned
trademark "T-BAR" and / or the impugned label / packaging / trade dress
https://www.mhc.tn.gov.in/judis/
C.S.No.10 of 2021, O.A.Nos.20, 21, 22 of 2021, A.No.85 of 2021
"T-BAR" and / or any mark / label / packaging / trade dress identical with
or deceptively similar to the plaintiff's trade mark "TEDIBAR" and / or
label / packaging / trade dress "TEDIBAR", by the defendant to the
plaintiff for the purpose of destruction;
(g) Cost and such other relief.
For Plaintiff : Mr.K.Premchandar
For Defendant : M/s.G.Vijayakumar
*******
JUDGMENT
A Memorandum of Compromise dated 16.02.2021 signed by the
Director of the plaintiffs' company and also by the learned counsel for the
plaintiff and by the Chairman of the defendants' company and also by the
learned counsel for the defendant had been presented in Court on
22.02.2021.
https://www.mhc.tn.gov.in/judis/
C.S.No.10 of 2021, O.A.Nos.20, 21, 22 of 2021, A.No.85 of 2021
2. It is hoped that by this Memorandum of Compromise the issues
raised by the plaint would come to a quietus and the parties can move along
with their respective businesses. In effect by the said Memorandum of
Compromise the defendant has submitted to a Judgment and Decree as
prayed a given in paragraph No.58 (a) (b) and (c). The Memorandum of
Compromise also gives provisions for reach and violation of terms of the
compromise in future. The plaintiff has agreed to give up the relief in
paragraphs 58 (d) (e) (f) and (g).
3. The defendant has undertaken not to use the mark 'TEDIBAR',
'T-BAR' and in effect such an undertaking has brought about this
compromise. In view of that fact, that the parties had agreed to settle the
issues.
4. In view of the same, suit is decreed with respect to the reliefs
(a), (b) and (c) in terms of Memorandum of Compromise and dismissed with
respect to the reliefs (d), (e), (f) and (g). No order as to costs. The
https://www.mhc.tn.gov.in/judis/
C.S.No.10 of 2021, O.A.Nos.20, 21, 22 of 2021, A.No.85 of 2021
Memorandum of Compromise shall form part of the decree. Connected
applications are closed.
23.02.2021
Index : Yes / No
Web : Yes / No
rna
https://www.mhc.tn.gov.in/judis/
C.S.No.10 of 2021, O.A.Nos.20, 21, 22 of 2021, A.No.85 of 2021
C.V.KARTHIKEYAN, J
rna
C.S.No.10 of 2021
and O.A.Nos.20, 21, 22 of 2021
and A.No.85 of 2021
23.02.2021
https://www.mhc.tn.gov.in/judis/
