Madras High Court
Dhanam Textiles vs N.Varadaiah on 6 July, 2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2021
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.No.236 of 2020
and
O.A.Nos.431 to 433 of 2020, A.No.2016 of 2020
1. Dhanam Textiles.,
30, Coral Merchant Street,
Mannady, Chennai – 600 001,
Represented by its Partner
Mr.P.Babu
2. Mr.P.Babu
30, Coral Merchant Street,
Mannady, Chennai – 600 001 .. Plaintiffs
vs
N.Varadaiah
Trading as: Ganesh Lungi Company
1/38, Bangaru Street,
Pudupet,
Nagari – 517 590.
Andhra Pradesh ...Defendant
Prayer:Civil Suit filed under Order IV Rule I of the O.S.Rules and Order
VII Rule 1 of CPC Read with Sections 27, 28, 29, 134 & 135 of the
Trade Marks Act, 1999 and Sections 51, 55 & 62 of the Copyright Act,
1957 and Section 7 of the Commercial Courts, Commercial Division and
Commercial Appellate Division of High Courts Act, No. 4 of 2016.
praying for the following:
a. a permanent injunction restraining the defendant by himself,
their
https://www.mhc.tn.gov.in/judis/ directors/partners/proprietor as the case may be, legal
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representatives, successors in business, assigns, servants, agents,
transporters, distributors, printers, stockists, wholesalers, dealers,
retailers, advertisers or any one claiming through or under them from
infringing plaintiffs' registered trademarks 360 BRAND label by
manufacturing, distributing, marketing, selling, offering for sale,
advertising or in any other manner dealing in lungies or any other
product bearing the almost identical trademark 3600, 361, 369 BRAND
labels with colour scheme, getup, layout which are almost identical to
plaintiffs' registered trademark 360 BRAND in any manner whatsoever
b. a permanent injunction restraining the defendant by himself, their
directors / partners/ proprietor as the case may be, their legal
representatives, successors in business, assigns, servants, agents,
transporters, distributors, printers, stockists, wholesalers, dealers,
retailers, advertisers or any one claiming through or under them from
committing acts of copyright infringement by making substantial
reproduction of the plaintiff's registered copyright in the artistic work
360 BRAND label by use of deceptively similar colour scheme, get up
and layout for their 3600, 361, 369 BRAND labels or in any manner
whatsoever
c. a permanent injunction restraining the defendant by himself their
directors/ partners/ proprietor as the case may be, their legal
representatives, successors in business, assigns, servants, agents
transporters, distributors, printers, stockists, wholesalers, dealers,
retailers advertisers or any one claiming through or under them from in
any manner passing off and enabling others to pass off the defendants'
lungies and other textile goods as and for the plaintiffs' lungies, and other
textile goods by use of the trademark 3600, 361, 369 BRAND labels or
any other mark deceptively similar to the plaintiffs' trademark 360
BRAND label in any manner whatsoever;
d. the defendant by ordered to surrender to plaintiffs for destruction of
all lungies, labels, dyes, blocks, moulds, screen prints, packing materials
and other materials bearing the identical/deceptively similar trademark
3600, 361, 369 BRAND labels or any trademark similar to plaintiffs'
trademark 360 BRAND label.
e. a preliminary decree be passed in favour of the plaintiffs directing
the defendant to render account of profits made by use of trademark
https://www.mhc.tn.gov.in/judis/
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3600, 361, 369 BRAND labels and a final decree be passed in favour of
the plaintiffs for the amount of profits thus found to have been made by
the defendant after the latter have rendered accounts;
f. the defendant be ordered and decreed to pay to the plaintiffs a sum
of Rs.1,00,000/- as damages for acts of infringement of trademark,
Copyright and passing off committed by the defendant by manufacture
and sale of lungies bearing the trademark 3600, 361, 369 BRAND labels;
g. for costs of the suit;
For Plaintiffs : Mr.Arun C.Mohan
For Defendant : M/s. A.Murali
JUDGMENT
The parties have entered into compromise and memo dated
30.03.2021 signed by the parties and their counsel is filed. Taking note
of the compromise entered between the parties, the suit is decreed in
terms of compromise. The terms of compromise as found in paragraph
3(a) to (d) and paragraph 4 shall form part of the decree. No order as to
costs. The connected applications are closed.
06.07.2021
vri
https://www.mhc.tn.gov.in/judis/
DR.G.JAYACHANDRAN,J.
Vri
C.S.No.236 of 2020
and
O.A.Nos.431 to 433 of 2020,
A.No.2016 of 2020
06.07.2021
https://www.mhc.tn.gov.in/judis/
