Madras High Court
Sun Pharma Industries Limited vs Mediispecs on 2 November, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2021
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.(Comm.Div) No.54 of 2021
and
O.A.Nos.546 and 547 of 2021,
A.No.3195 of 2021
Sun Pharma Industries Limited,
CD Plot No.3, Door No.8,
Old Tower Block Street,
Nandhanam Extension,
Chennai 600 035. ...Plaintiff
vs
1.Mediispecs,
No.77, Mulla Sahib Street,
Sowcarpet, Chennai-600 079
2.Dexbio Pharma Private Limited,
Khasara No.143/2, Raipur Village,
Bhagwanpur, Roorkee-247 661 ...Defendants
Prayer: Civil suit filed under Order IV Rule 1 of O.S.Rules and Order
VII Rule 1 CPC read with Sections 27, 28, 29, 134 and 135 of the
Trademarks Act, 1999, praying for judgment and decree,
a) A permanent injunction restraining the Defendants, their men,
servants, agents, distributors, stocklists, retailers, subsidiaries, legal
representatives, job-workers, manufacturers, packers, export/import
agents or any other person claiming under them from in any manner
infringing the plaintiff's registered trademark MONTEX through the use
of MONTEX and/or any other mark or marks that are in anyway identical
with and/or deceptively similar to the Plaintiff's said registered
trademark, either by manufacturing or selling or distributing or exporting
or importing or offering for sale or stocking or importing or advertising,
https://www.mhc.tn.gov.in/judis
2
either online or offline, or in any other manner whatsoever.
(b) A permanent injunction restraining the Defendants, their men,
servants, agents, distributors, stockists, retailers, subsidiaries, legal
representatives, job-workers, manufacturers, packers, export / import
agents or any other person claiming under them from in any manner
manufacturing, selling, offering for sale, stocking, distributing,
importing, exporting, advertising, either online or offline, or in any
manner directly or indirectly dealing dealing in any product under the
trademarK MONTEX , either by itself or as a prefix or suffix, or any
other trademark that is identical with and/or deceptively similar to the
plaintiff's prior adopted trademark MONTEX, so as to pass off the
Defendant's products as and for the products of the plaintiff.
(c) Directing the Defendants to render a true and faithful accounts of
the profits earned by them through the sale or advertisement of products
under the impugned mark MONTEX, either by itself or as a prefix or
suffix, and direct payment of such profits to the Plaintiff for the acts of
infringement and passing off committed by the Defendants:
(d) Directing the Defendants to surrender to the Plaintiff the entire
stock of labels, containers, boxes, canisters, packaging materials, printed
materials, promotional materials, stationery, including dyes, blocks,
screen prints and other materials bearing the impugned mark MONTEX,
either by itself or as a prefix or suffix, or any other mark(s) that are in
any manner similar to the plaintiff's trademark MONTEX, for
destruction.
(e) Directing the Defendants to pay to the Plaintiff the cost of the suit.
For Plaintiff : Mr.S.Diwakar
For Defendants : Mr.A.M.Gurunaryana Rao
for M/s.Hari & Guru Associates
https://www.mhc.tn.gov.in/judis
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JUDGMENT
The suit filed alleging infringement of trademark. Pending
suit, the parties have entered into compromise and memorandum of
compromise signed by the parties and their counsel dated 30.10.2021
filed.
2.Pursuant to the compromise entered between the parties, the
suit is decreed as per the terms of the compromise. Paragraph No.2 and 3
of the compromise memo shall form part of the decree. Accordingly, the
suit is decreed in terms of compromise. No order as to costs. The
connected applications are closed.
02.11.2021
vri
https://www.mhc.tn.gov.in/judis DR.G.JAYACHANDRAN,J.
VRI
C.S.(Comm.Div) No.54 of 2021
and
O.A.Nos.546 and 547 of 2021,
A.No.3195 of 2021
02.11.2021
https://www.mhc.tn.gov.in/judis
