Madras High Court
M/S.Stedman Pharmaceuticals ... vs M/S.Lyra Laboratories Pvt. Ltd on 29 July, 2021
C.S.No.468 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.468 of 2008
M/s.Stedman Pharmaceuticals Pvt. Ltd.,
A company registered under the Indian
Companies Act, 1956 and having its
Corporate Office at No.3, Adyar Bridge Road,
Adyar, Chennai – 600 020. ...Plaintiff
Vs.
1.M/s.Lyra Laboratories Pvt. Ltd.,
Baddi-Barotiwalla Road,
Buranwala District,
Salon – 174173.
2.M/s.Rhine Biogenics Pvt. Ltd.,
60, 3rd Main Road,
Kasturba Nagar, Adyar,
Chennai – 600 020. ...Defendants
Prayer: Plaint filed under Order IV Rule 1 of the Original Side Rules r/w.
Order VII Rule 1 of C.P.C., r/w. Section 134 of the Trade Marks Act, 1999,
praying as follows:-
a) granting a permanent injunction restraining the defendants,
their men, servants, agents or anyone claiming through or under them in any
manner infringing the plaintiffs' Trade Mark “Drez” by using the offending
Trade Mark “Redrez” or any other mark or marks which are identical or
1/4
http://www.judis.nic.in
C.S.No.468 of 2008
similar or in any way deceptively similar to or a colourable imitation of the
plaintiffs' Trade Mark “Drez” either by manufacturing or selling or offering
for sale or in any manner advertising the same;
b) granting a permanent injunction restraining the defendants,
their men, servants, agents or anyone claiming through or under them from
in any manner passing off their pharmaceutical products as that of the
plaintiff's by using the offending Trade Mark “Redrez” as and for the
celebrated pharmaceutical product of the plaintiff's Trade Mark “Drez” or by
using any other Trademark which is similar or deceptively similar to that of
the plaintiff's said trade mark.
c) directing the defendants to render a true and faithful account of
the profits earned by them through the sale of pharmaceutical products
bearing the offending trade mark “Redrez” and directing payment of such
profits to the plaintiff by way of damages for passing off committed by the
defendants.
d) directing the defendants to surrender to the plaintiff the entire
stock of unused offending goods with Trade Mark “Redrez” together with
cartons, printed aluminium tubes, brochures etc, bearing the offending
Trademark for destruction;
e) directing the defendants to pay the plaintiff the costs of the suit
and
f) pass such further or orders as this Hon'ble Court may deem fit
and proper in the circumstances of the case and thus render justice.
2/4
http://www.judis.nic.in
C.S.No.468 of 2008
For Plaintiff : Mrs.Devi
For Defendants : Mr.R.Sathish Kumar for D2
JUDGMENT
Parties have settled the dispute amongst themselves and a
memorandum of compromise signed by the parties and their respective
counsel has been produced.
2.Considering the current situation, the appearance of the parties
is dispensed with. The memonrandum of compromise is taken on record
and this suit is decreed in terms of compromise. The memorandum of
compromise shall form part of the decree. No costs.
29.07.2021
kkn
Internet:Yes
Index:No
Non-speaking
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendants:
Nil
29.07.2021
kkn
http://www.judis.nic.in
C.S.No.468 of 2008
R.SUBRAMANIAN, J.
KKN
C.S.No.468 of 2008
29.07.2021
http://www.judis.nic.in
