Madras High Court
M/S. Apex Laboratories Pvt. Ltd vs M/S.Elder Projects Limited on 25 January, 2021
C.S.No.350 of 2020, O.A.Nos.657, 658, 659 of 2020, A.No.2910 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2021
CORAM:
THE HON'BLE JUSTICE C.V.KARTHIKEYAN
C.S.No.350 of 2020
and O.A.Nos.657, 658, 659 of 2020
and A.No.2910 of 2020
M/s. Apex Laboratories Pvt. Ltd.,
29, III Floor, SIDCO Garment Complex,
Guindy, Chennai 600 032
rep by its Authorised Signatory,
D.Jude F.L.S.Durai Pandian ... Plaintiff
..Vs..
M/s.Elder Projects Limited,
301-302, 3rd Floor, Plot No.174,
Kunthu Commerce Centre,
Near Ayyappa Temple, Bangur Nagar,
Goregaon West, Mumbai 400 090. ... Defendant
PRAYER : Plaint filed under and Order VII Rule 1 CPC and Order IV
Rule 1 of Original Side Rules, Read With Sections 27, 28, 29, 134, 135 of
the Trademarks Act, 1999 and Sections 51, 55, 62 of the Copyrights Act,
1957, prayed for a Judgment and Decree:-
1/8
https://www.mhc.tn.gov.in/judis/
C.S.No.350 of 2020, O.A.Nos.657, 658, 659 of 2020, A.No.2910 of 2020
(a) a Permanent injunction restraining the defendant, by itself, its
partners, men, servants, agents, distributors, stockiest, representatives or any
one claiming through or under them from in any manner infringing the
plaintiff's registered trademarks ZINCOVIT under No.487453 in Class 5 and
other registered trademarks by using a deceptively similar trademark
ZINCODER or any other trademark deceptively similar to the plaintiff's
registered trademark or in any other manner whatsoever;
(b) a permanent injunction restraining the defendant, by itself, its
partners, men, servants, agents, distributors, stockiest, representatives or any
one claiming through or under them from in any manner committing acts of
copyright infringement by using, in the course of trade, labels / artistic
works which are a substantial reproduction of plaintiff's registered copyright
under Nos. A-112789/2017 and other registered copyrights in colour
scheme, get up and layout for their ZINCODER for any syrup, drops tablets
etc., or in any other manner whatsoever;
(c) a permanent injunction restraining the defendant, by itself, its
partners, men, servants, agents, distributors, stockiest, representatives or any
2/8
https://www.mhc.tn.gov.in/judis/
C.S.No.350 of 2020, O.A.Nos.657, 658, 659 of 2020, A.No.2910 of 2020
one claiming through or under them from in any manner passing off and / or
enabling others to pass off the defendant' products under the trademark
ZINCODER as and for the plaintiffs' products by manufacturing, selling or
offering to sell, distributing, displaying, printing, stocking, using,
advertising their products with a trademark and / or label or artistic work
that is identical in colour scheme, get up and layout with that of the
plaintiff's ZINCODERM or ZINCOVIT trademark or artistic work or in any
other manner whatsoever;
(d) the defendant be ordered to surrender to plaintiffs for
destruction of all products, labels, cartons, dyes, blocks, moulds, screen
prints, packing materials and other materials bearing the trademark
ZINCODER label or any mark deceptively similar to plaintiffs' trademarks
ZINCODERM/ZINCOVIT and the artistic work ZINCOVIT label.
(e) a preliminary decree be passed in favour of the plaintiffs
directing the defendant to render account to profits made by use of
trademark and copyright in the artistic work ZINCODER label and a final
decree be passed in favour of the plaintiffs for the amount of profits thus
3/8
https://www.mhc.tn.gov.in/judis/
C.S.No.350 of 2020, O.A.Nos.657, 658, 659 of 2020, A.No.2910 of 2020
found to have been made by the defendant after the latter have rendered
accounts;
(f) for costs of the suit.
For Plaintiff : M/s.R.Sathish Kumar
For Defendant : M/s.V.M.Venkatramana
*******
JUDGMENT
The plaintiff and the defendant have entered into a compromise
and recording the same the Memorandum of Compromise dated 11.01.2021
had been presented in Court on 20.01.2021. This Memorandum of
Compromise had been signed by the Chief Vigilance Officer on behalf of the
plaintiff and by the Legal Executive of the defendant. The learned counsel
for the plaintiff and the learned counsel for the defendant have also signed in
the Memorandum of Compromise.
https://www.mhc.tn.gov.in/judis/
C.S.No.350 of 2020, O.A.Nos.657, 658, 659 of 2020, A.No.2910 of 2020
2. The relevant portions of the Memorandum of Compromise are
as follows:
"2. The Defendant approached the plaintiff for
amicable settlement of the dispute and the plaintiff also
agreed to settle the dispute on the following terms and
conditions reduced hereunder;
a. That the defendant undertakes that it will not
manufacture or market or otherwise deal with the products
bearing the trademark ZINCODER or any other
trademark identical or deceptively similar to the plaintiff's
product ZINCOVIT and / or ZINCODERM at point of any
point in future whatsoever and has agreed to change their
trademark to ELCOPLEX-ZC which is agreed by the
plaintiff.
b. The plaintiff and defendant pray that the
https://www.mhc.tn.gov.in/judis/
C.S.No.350 of 2020, O.A.Nos.657, 658, 659 of 2020, A.No.2910 of 2020
above suit may be decreed in terms of Prayers (a), (b) and
(c) of Paragraph 35 of the Plaint and the plaintiff is
willing to give up the reliefs under Prayers 35(d), 35(e),
35(f) and 35(g) of the Suit in view of this Memorandum of
Compromise.
c. That the Defendant undertakes to the plaintiff
that in the event of breach of this undertaking to this
Hon'ble Court, they are liable for punitive damages to the
plaintiff in addition to any other legal right available to
the plaintiff.
In the above circumstances, it is prayed that this
Hon'ble Court may be pleased to pass a Judgment and
Decree in terms of the Memo of Compromise and pass
such further or other order which may deem fit and proper
to the facts and circumstances of the case and thus render
justice."
https://www.mhc.tn.gov.in/judis/
C.S.No.350 of 2020, O.A.Nos.657, 658, 659 of 2020, A.No.2910 of 2020
3. In view of the same, suit is decreed in terms of Memorandum of
Compromise. No order as to costs. Consequently, the connected
Application and Original Applications are closed. The Memorandum of
Compromise shall form part of the Decree.
25.01.2021
Index : Yes / No
Web : Yes / No
rna
https://www.mhc.tn.gov.in/judis/
C.S.No.350 of 2020, O.A.Nos.657, 658, 659 of 2020, A.No.2910 of 2020
C.V.KARTHIKEYAN, J
rna
C.S.No.350 of 2020
and O.A.Nos.657, 658, 659 of 2020
and A.No.2910 of 2020
25.01.2021
https://www.mhc.tn.gov.in/judis/
