Madras High Court
Sun Pharmaeutical Industries ... vs Indkus Nexa on 28 October, 2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2021
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.(Comm.Div) No.67 of 2021
and A.Nos.690 and 691 of 2021
Sun Pharmaeutical Industries Limited,
CD Plot No.3, Door No.8,
Old Tower Block Street,
Nandhanam Extension,
Chennai 600 035. ...Plaintiff
vs
1.Indkus Nexa
G-3, Pratap Nagar,
New Delhi 110 007.
2.Indo Himalaiyan Herbs Inc.,
Plot No.158, Sector -29, HUDA,
Panipat 132 103. ...Defendants
Prayer: Civil suit filed under Order VII Rule 1 of Civil Procedure Code,
1908 and Order IV Rule 1 of O.S.Rules and Order VII Rule 1 of CPC
read with Sections 27, 28, 29, 134 and 135 of the Trademarks Act, 1999
read with Sections 51, 52 and 62 of the Copyright Act, 1957, praying for
the following judgment and decree
a) A permanent injunction restraining the Defendants, their men,
servants, agents, distributors, stockists, retailers, 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 VOLINI through the use of VOLINEX or any other
mark or marks that is in anyway identical with and/or deceptively similar
to the Plaintiff's registered trademark VOLINI, either by manufacturing
or selling or exporting or importing or offering for sale or advertising or
http://www.judis.nic.inin any other manner whatsoever;
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(b) A permanent injunction restraining the Defendants, their men,
servants, agents, distributors, stockists, retailers, legal representatives,
job-workers, manufacturers, packers, export / import agents or any other
person claiming under them from in any manner infringing the Plaintiff's
Copyright in the artistic work found on the VOLINI & VOLINI Maxx
trade dress/packaging label, more fully specified contained in
SCHEDULE A to the Plaint, through the use of trade dress / packaging
label more fully contained in SCHEDULE B to the Plaint or any other
trade dress / packaging label that bears an overall similarity to and / or is
a colourable imitation of the Plaintiff's artistic work found on Plaintiff's
trade dress and / or packaging labels used towards sale of their product
under the mark VOLINI, either by manufacturing or selling or exporting
or importing or offering for sale or advertising or in any other manner
whatsoever:
(c) A permanent injunction restraining the Defendants, their men,
servants, agents, distributors, stockists, retailers, 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, importing, exporting, advertising, or in any
manner directly or indirectly dealing in any products under the trademark
VOLINEX or any other trademark that is identical with and/or
deceptively similar to the Plaintiff's prior adopted trademark VOLINI
and/or use any trade dress and/or packaging label similar to that of the
Plaintiff's products under the mark VOLINI, so as to pass off the
Defendants products as and for the products of the plaintiff
(d) 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 VOLINEX and direct payment of such profits
to the Plaintiff for the acts of infringement and passing off committed by
the Defendants:
(e) Directing the Defendants to surrender to the Plaintiff the entire
stock of labels, containers, canisters, boxes, printed materials,
promotional materials, stationery, including dyes, blocks, screen prints
and other materials bearing the impugned mark VOLINEX and / or the
trade dress that are in any manner similar to the Plaintiff's trademark
http://www.judis.nic.inVOLINI and/or their trade dress / packaging label used for VOLINI, for
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destruction.
f) Directing the Defendants to pay to the Plaintiff the cost of the suit.
For Plaintiff : Mr.S.Diwakar
For Defendants : Mr.R.Sathish Kumar
JUDGMENT
The suit filed for permanent injunction against the defendant
for act of infringement of trademark “VOLINI” and for infringement of
copyright in packaging label and for passing off, now come to an end in
view of the memorandum of compromise entered between the plaintiff
and the defendants.
2.The parties have entered into a written compromise signed by
them and their respective counsel. The said memorandum of
compromise filed in the Registry of this Court on 26.07.2021. Learned
counsel for the respective parties seek decree in terms of the compromise
memo.
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DR.G.JAYACHANDRAN,J.
VRI
3.Perusing the compromise memo, this Court is of the view
that the suit shall be disposed of in terms of compromise as found in
paragraph 3(a) to (h) and default clause (4). Accordingly, the suit is
decreed in terms of paragraph 3(a) to (h) and default clause (4) and the
same shall form part of the decree. No costs. In the light of compromise,
the connected applications in A.Nos.691 and 692 of 2021 are closed.
28.10.2021
vri
C.S.(Comm.Div) No.67 of 2021
and A.Nos.690 and 691 of 2021
http://www.judis.nic.in
