And Also Carrying On Its Business ... vs M/S.Arogya Rahasya Private ...
2021 Latest Caselaw 12472 Mad

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       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                         DATED: 25.06.2021

                               CORAM

    THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

                         C.S.No.19 of 2020
                        and A.No.184 of 2020

Hatsun Agro Product Ltd.,
Having Registered Office at
No.1/20-A, Rajiv Gandhi Salai (OMR)
Karapakkam, Chennai 600 097.

And also carrying on its business at
Old No.AD-83/New No.AD13,
Anna Nagar, Opp:IOB Towers Branch,
Chennai 600 040,
Rep. by its Authorised Signatory                        .. Plaintiff

                            vs
1.M/s.Arogya Rahasya Private Limited,
  Regd. Office :6-1-297/1,
  Venkatapuram Colony, Padmarao Nagar,
  Secunderabad 500 025,
  Telengana.

2.Mr.Amrut Lal Sivanand Patel,
  #6-3-3/2/A, Near Gandhi Hospital,
  Metro Station, New Bhoiguda,
  Secunderabad 500 003,
  Telengana.                                           ...Defendants

Prayer:Civil Suit filed under Order IV Rule I of the O.S.Rules Read with
Order VII Rule I of C.P.C. and Sections 134 and 135 of the Trademarks
Act, 1999 and Section 7 of the Commercial Courts Act 2015, praying for
the following:
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          a) For permanent injunction restraining the defendant by itself,
its agents, servants, distributors or any one claiming through it from
using in any manner infringing the plaintiffs trademark “AROKYA” by
exposing for sale or using them or copying/reproducing or causing
reproduction of the same in any packaging or literature or any colourable
imitation or substantial reproduction thereof in any manner whatsoever
or causing infringement of the plaintiff's registered trademark as
described in the schedule to the plaint.

          b) For permanent injunction restraining the defendant by itself,
its agents, servants, distributors or any one claiming through it in any
manner whatsoever from passing off its products as that of the plaintiff
by using the offending trademark “AROGYA RAHASYA” which is
similar, deceptively similar and identical to the plaintiff's trademark
AROKYA or by using any other trademark which is similar, deceptively
similar or identical to that of the plaintiff's trademark AROKYA by
manufacturing or selling or offering for sale in any manner advertising
the same.

          c) directing the defendants to surrender to the plaintiff the
entire products with the offending labels, stocks with offending labels
together with the blocks and dies, name boards, sign boards etc., for
destruction.

          d) directing the defendants to render true and faithful accounts
of the profits earned by them through the sale of the offending milk
products bearing the offending trademark label and directing payment of
such profits to the plaintiff.

          e) directing the defendant to pay to the plaintiff the cost of the
suit.

                 For Plaintiff  : Mr. Prashant Alai
                                 for M/s.Surana & Surana
                 For Defendants : Mr.G.Sudhagar
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                           JUDGMENT

The suit is for infringement of trademark. The defendants have

entered appearance and settled the dispute with the plaintiff. A memo of

compromise dated 15.04.2021 was entered into between the parties. In

the light of the compromise, learned counsels appearing for the plaintiff

and the defendants seek disposal of the suit in terms of the compromise.

Accordingly, the memo of compromise is recorded and the suit is decreed

in terms of the memo of compromise. The said compromise memo shall

form part of the decree. No costs. The connected application is closed.

25.06.2021

vri

DR.G.JAYACHANDRAN,J.

Vri

C.S.Nos.19 of 2020

25.06.2021