Madras High Court
Aravind Laboratories vs Amaze Cosmetics Care on 28 September, 2021
IN THE HIGHCOURT OF JUDICATURE AT MADRAS
Dated: 28.09.2021
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S.(Comm.Div.)No.5 of 2021
and
O.A.Nos.365 and 366 of 2021
Aravind Laboratories,
Rep. by its Partner and
Joint Proprietor of the Registered Trademark
Mr.R.Rajagopal,
residing at
Old No.82, New No.76,
Dr.Ranga Road, Mylapore,
Chennai 600 004. .. Plaintiff
/versus/
1.Amaze Cosmetics Care,
Sector 2, H162 Bawana DSIDC,
DSIIDC,
New Delhi 110 039.
2.Tara Creation,
No.4560, Third Floor,
Deputy Ganj, Pahari Dhiraj,
Near Deputy Ganj Market,
Sadar Bazaar,
New Delhi 110 006. ..Defendants
Prayer:- Civil Suit has been filed under Order IV, Rule 1 of the Original Side rules and
Order VII Rule 1 of C.P.C Rules read with Sections 27(2), 29, 134 & 135 of Trade Marks
Act, 1999, praying for the following
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(a) granting a permanent injunction, restraining the defendants, by itself, its servants,
agents, distributors, or anyone claiming through them from manufacturing, selling,
advertising and offering for sale using the Trade Mark upon the goods or in any
media and use the same in nail polish, nail glitter, invoices, letter heads and visiting cards or
on any other cosmetics by using any other trade mark which is in any way visually,
phonetically or deceptively similar to the plaintiff Trade Marks EYETEX, DAZLLER,
and DAZLLER ETERNA or in any manner infringing the plaintiff registered Trade Mark
No.271583.
b) granting permanent injunction, restraining the defendants, by themselves, their
servants, agents, men or anyone claiming through them from manufacturing, marketing,
distributing, offering or advertising or using the Mark or similar sounding names
in the course of their business and pass off their nail polish, eye liner or other cosmetic
products using the Trade Mark as and for the EYETEX, EYETEX
DAZLLER, and DAZLLER ETERNA goods of the plaintiff or enable others
to pass off.
c) Directing the defendants to surrender to the plaintiff all the packing material,
cartons, advertisement materials and hoardings, letter-heads, visiting cards, office stationery
and all other materials containing/bearing the Trade Mark or other
deceptively similar Trade Mark.
d) For a preliminary decree in favour of the plaintiff, directing the defendants to
render an account of profits made by them by the use of the Trade Mark
on the goods referred and for a final decree in favour of the plaintiff for the amount of the
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profits found to have been made by the defendants, after the defendants have rendered
accounts.
e) directing the defendants to pay to the plaintiff the costs to the suit.
For Plaintiffs :M/s.Gladys Daniel
For Defendant :Mr.T.Senthilkumaran
JUDGMENT
The plaintiff and the defendants have entered into a compromise and the
memorandum of compromise dated 15.09.2021, signed by the parties as well as their
counsels filed. Taking on record the terms of the memorandum of compromise, the suit is
decreed in terms as found in the memorandum of compromise. The memorandum of
compromise shall form part of the decree. No order as to costs. The connected
applications are closed.
28.09.2021
vri
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DR.G.JAYACHANDRAN,J.
C.S.(Comm.Div.)No.5 of 2021
and
O.A.Nos.365 and 366 of 2021
28.09.2021
http://www.judis.nic.in
