Madras High Court
Res Q Technologies Pvt. Ltd vs Rajdeep Energies Pvt. Ltd on 14 July, 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 14.07.2021
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S.(Com.Div.) No.180 of 2019
and O.A.No.227 of 2019
Res Q Technologies Pvt. Ltd.,
#48, Vijaya Nagar, II Street, Sri Devi Garden,
Valasaravakkam, Chennai 600 087,
Rep. by its Director Mr.Magesh.
...Plaintiff
/versus/
Rajdeep Energies Pvt. Ltd.,
5/315, Ground Floor, St. Marys Street,
Santhosh Nagar, Palavakkam,
Chennai 600 041,
Rep. by its Director.
...Defendant
This Civil Suit is filed under Order IV Rule 1 Original Side
Rules read with Order VII Rule 1 of CPC and under Sections 27, 29, 134
and 134 of the Trade Marks Act, 1999, praying for the following:
a) a permanent injunction restraining the defendant by itself, its
partners, men, servants, agents, representatives, stockists or anyone
claiming through or under them from in any manner infringing the
plaintiff's registered trademark RESQ by using an identical mark RESQ
or any other trademark deceptively similar to that of the plaintiff's
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registered trademark or in any manner whatsoever;
b) a permanent injunction restraining the defendant by itself, its
partners, men, servants, agents, representatives, stockists or anyone
claiming through or under them from in any manner passing off or
enabling other to pass off the defendant's products as that of plaintiff's
products by manufacturing, selling, offering to sell, distributing,
stocking, displaying, printing, advertising using the trademark RESQ that
is identical to plaintiff's trademark RESQ or in any manner whatsoever;
c) the defendant be ordered to surrender to plaintiff for
destruction of all products, labels, cartons, business cards, leaflets,
promotional materials, broachers, dyes, blocks, moulds, screen prints,
packing materials and other materials using the infringing trademark
RESQ or any other trademark deceptively similar to that of plaintiff's
registered trademark RESQ;
d) to grant damages for a sum of Rs.10,000/- in favour of the
plaintiff and against defendant;
e) a preliminary decree be passed in favour of the plaintiff
directing the defendants to render accounts and profits made using the
trademark RESQ and a final decree be passed in favour of plaintiff for
the amount of profits thus found to have been made by the defendant
after verifying the accounts;
f) for costs of the suit.
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For plaintiff : M/s.Suba Shiny
For Defendant : M/s.Thenkodi Annam Nelson
JUDGMENT
Pending suit, the parties have entered into compromise and
have filed a memorandum of compromise dated 28.03.2021.
2.In view of the terms entered into between the plaintiff and
the defendant as found in paragraph 4 of the memorandum of
compromise, the suit is decreed in terms of the compromise. Paragraph 4
of the memorandum of compromise shall form part of the decree. No
order as to costs. The connected application is closed.
14.07.2021
vri
https://www.mhc.tn.gov.in/judis/
Dr.G.JAYACHANDRAN,J.
Vri
C.S.(Comm.Div.) No.180 of 2019
and O.A.No.227 of 2019
14.07.2021
https://www.mhc.tn.gov.in/judis/
