Madras High Court
Registered Address vs M/S.S.G.R(777) Foods Pvt Ltd on 8 October, 2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2021
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S. No.417 of 2020
M/s.V.V.V.& Sons Edible Oils Limited,
Rep. by its Managing Director,
M.Rajiv Vignesh,
No.443, Bazaar,
Virudhunagar 626 001.
Registered Address
No.6, 6/2, Ellayamudali Street II Lane,
(Kailasam Street),
Tondiarpet,
Chennai 600 081. ... Plaintiff
-Versus-
1. M/s.S.G.R(777) Foods Pvt Ltd.,
Rep. by its Managing Director,
New No.21, Old No.10,
1st Cross Street,
Lake Area,
Chennai 600 034.
2.M/s.Kaarmegam Oil Mills,
No.9/761, Kangeyam Road,
Muthur-638 105,
Tiruppur District,
Tamilnadu. ... Defendants
https://www.mhc.tn.gov.in/judis/
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Prayer: Civil suit filed under Order IV Rule 1 of Madras High Court
O.S.Rules read with Section 134 and 135 of the Trademarks Act, 1999,
praying for the following judgment and decree:
a) granting permanent injunction restraining the defendants their men
or agents or anybody claiming under them from in any way infringing the
plaintiff's registered trademark No.746974 of sachet, colour scheme
design and trade dressing, by displaying, manufacturing, preparing and
selling gingely oil in sachets or other trade dressing;
b) granting permanent injunction restraining the defendants, their men
or agents or anybody claiming under them from in any way passing of its
goods (gingelly oil) as that of the plaintiff in deceptively similar sachets,
sachet colour scheme, design and trade dressing, by displaying,
manufacturing, preparing and selling gingelly oil in sachets or other trade
dressing;
c) the defendants be ordered to pay to the plaintiff a sum of
Rs.10,00,000/- as liquidated damages for committing acts of
infringement against plaintiff's bottle design and label colour scheme so
as to pass off its products as that of the plaintiff's products.
d) grant costs of this suit.
For Plaintiff : Mr.S.Babu
For Defendants : Mr.K.Premchandar
JUDGMENT
The suit is for infringement of trademark and passing off. The
defendant has come forward to amend the impugned label and logo size.
Therefore, the parties have agreed to settle the dispute amicably and
compromise entered between the parties, signed by the parties and the
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respective counsels, is presented before this Court. From the Annexure A
to the Memo of Compromise, this Court finds that the defendant has
agreed to revise the label which will have no resemblance or shadow of
the plaintiffs trademark and logo. The revised label is also acceptable to
the plaintiff. Hence, the suit is decreed in terms of the compromise.
Memo of compromise shall form part of the decree. No order as to costs.
08.10.2021
vri
https://www.mhc.tn.gov.in/judis/
DR.G.JAYACHANDRAN,J.
VRI
C.S.No.417 of 2020
08.10.2021
https://www.mhc.tn.gov.in/judis/
