Madras High Court
M/S.G.A.Fragrance vs N.Sumesh on 11 April, 2022
C.S.(Comm.Div.) No.44 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.04.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.(Comm.Div.) No.44 of 2022
and O.A.Nos.131, 132, 133 of 2022
and A.No.899 of 2022
M/s.G.A.Fragrance
A partnership firm represented by its managing partner
Mr.V.G.Hirusah
Old No.38 - C/New No.109, Sheikpet, South Street
Kanchipuram - 631 501. ... Plaintiff
vs.
N.Sumesh
Trading as M/s.Lasmiya Cosmetics
"Nenumani House" Panangad P.O
Balussery, Kozhicode District
Kerala - 673 612. ... Defendant
PRAYER: Plaint filed under and Order IV Rule 1 of the Original Side
Rules and Order VII Rule 1 of the CPC, Sections 27(2), 134 & 135of the
Trademarks Act, 1999, Sections 51, 55 & 62 of the Copyright Act, 1957 and
Section 7 of the Commercial Courts, Commercial Division and Commercial
1/6
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.44 of 2022
Appellate Division of High Courts Act, No.4 of 2016 prayed for Judgment
and Decree:-
(a) Granting permanent injunction restraining the defendant, his men,
servants, agents or anyone claiming through or under him from in any
manner infringing the plaintiff's registered trademark for the collar perfume
product by using the trademark LASMIYA or any other name or trademark
which is similar or in any way deceptively similar to the trademark or an
imitation of the plaintiff's product under the registered trademark
LAVANYA and in any manner selling the same including online sale.
(b) Granting permanent injunction restraining the defendant, his men,
servants, agents or anyone claiming through or under him from in any
manner infringing the Copyright over the label of the Plaintiff affixed to the
packing of the product collar perfume by using a similar packing style and
label under the name LASMIYA or any other trademark which is similar or
in any way deceptively similar to the trademark or imitation of the plaintiff's
products packing style under the trademark LAVANYA and in any manner
selling the same including online sale.
2/6
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.44 of 2022
(c) Granting permanent injunction restraining the defendant, his men,
servants, agents or anyone claiming through or under him from in any
manner passing off his products collar perfume as that of the plaintiff's by
using a similar packing style under the name LASMIYA or any other
trademark which is similar or in any way deceptively similar to the
trademark or imitation of the plaintiff's products packing under the
trademark LAVANYA and in any manner selling the same through the
online platform of Amazon.
(d) Directing the defendants to render true and faithful account of
profits earned by them through the sale of the products in a similar or
deceptively similar or a trademark imitation of the product bearing the
offending name LASMIYA and directing payment of such profits to the
plaintiff by way of damages for passing off committed by the defendant.
(e) Directing the defendant to surrender to the plaintiff the entire
stock of unused offending goods under the similar or deceptively similar
product dress under name LASMIYA together with labels, printing blocks,
boxes etc. bearing the name LASMIYA for destruction.
3/6
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.44 of 2022
(f) For an order of decree for Rs.3,10,000/- (Rupees Three Lakhs and
Ten Thousand only) on account of damages sustained by the Plaintiff on
account of loss of sale, reputation and goodwill as well as dilution of
Plaintiff's trademarks due to the impugned activities of the Defendant.
(g) Directing the defendant to pay the plaintiff the cost of the suit.
For Plaintiff : Ms.N.Devi
For Defendant : Mr.B.Pachaiyappan
**********
JUDGMENT
The suit was filed to restrain alleged infringement of trademark and
passing off. Ancillary remedies such as rendition of accounts and a decree
for profits on such basis, surrender of infringing material, damages and
costs were also prayed for.
2. The parties have entered into a Joint Memorandum of Compromise
dated 28.03.2022. On perusal thereof, it is evident that the said Joint
Memorandum of Compromise was signed by the plaintiff and the defendant.
In terms thereof, the defendant has agreed to submit to a decree in terms of
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.44 of 2022
prayers (a), (b) and (c) of paragraph 30 of the plaint. The defendant has
agreed to relinquish prayers (d), (f) and (g). Both parties have also agreed
to other terms and conditions which are set out therein. On examining the
same, there is no legal impediment to issue a decree in terms of the Joint
Memorandum of Compromise.
3. Accordingly, C.S.(Comm.Div.) No.44 of 2022 is decreed in terms
of the Joint Memorandum of Compromise dated 28.03.2022, which shall
form an integral part thereof. There shall be no order as to costs in the facts
and circumstances. Consequently, O.A.Nos.131, 132, 133 of 2022 and
A.No.899 of 2022 are closed.
11.04.2022
rna
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.44 of 2022
SENTHILKUMAR RAMAMOORTHY,J
rna
C.S.(Comm.Div.) No.44 of 2022
and O.A.Nos.131, 132, 133 of 2022
and A.No.899 of 2022
11.04.2022
https://www.mhc.tn.gov.in/judis
