Preeti vs Suresh R.Jain
2022 Latest Caselaw 7995 Mad

Citation : 2022 Latest Caselaw 7995 Mad
Judgement Date : 18 April, 2022

Madras High Court

Preeti vs Suresh R.Jain on 18 April, 2022

                                                                      C.S.(Comm.Div.) No.22 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 18.04.2022

                                                      CORAM

                                  THE HONOURABLE MR.JUSTICE SENTHILKUMAR
                                              RAMAMOORTHY

                                          C.S.(Comm.Div.) No.22 of 2021
                                           and O.A.Nos.427, 428 of 2021
                                              and A.No.2451 of 2021

                     1.Preeti

                     2.Kosmos Global, a Proprietary Concern
                       Represented by its Proprietor Mr.Piyush Jain
                       No.20, Revanayer Street,
                       Park Town, Chennai - 600 003.                               ... Plaintiffs

                                                         vs.

                     Suresh R.Jain                                                ... Defendant


                     PRAYER: Plaint filed under Order IV Rule 1 of Original Side Rules and

                     Order VII Rule 1 of CPC, Sections 27(2), 134 and 135 of the Trademarks

                     Act, 1999 and Sections 51, 55 and 62 of the Copyright Act, 1957 and

                     Section 7 of the Commercial Courts, Commercial Division and Commercial

                     Appellate Division of High Courts Act, No.4 of 2016 prayed for Judgment

                     and Decree:-

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                                                                                C.S.(Comm.Div.) No.22 of 2021




                                  (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 copyright in the pack / carton by

                     using the offending pack / carton under the name "Skenique" or any other

                     name or trademark which is similar or in any way deceptively similar to or

                     colourable imitation of the plaintiff's pack / carton for any hair colour

                     products under the trademark "BEAUTE BLANC" or in any manner

                     selling the same.



                                  (b) Granting permanent injunction restraining the defendant, his men,

                     servants, agents or anyone claiming through or under him from in any

                     manner passing off his hair colour products as that of the plaintiff's by using

                     a similar pack / carton under the name "Skenique" or any other trademark

                     which is similar or in any way deceptively similar to or colourable imitation

                     of the plaintiff's carton / pack under the trademark "BEAUTE BLANC"

                     and in any manner selling the same.




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                                                                                   C.S.(Comm.Div.) No.22 of 2021

                                  (c) Directing the defendant to render true and faithful account of

                     profits earned by them through the sale of the product hair colour in a

                     similar or deceptively similar or a colourable imitation of the pack / carton /

                     trade dress bearing the offending name "Skenique" and directing payment

                     of such profits to the plaintiffs by way of damages for passing off

                     committed by the defendant.



                                  (d) Directing the defendant to surrender to the plaintiffs the entire

                     stock of unused offending goods under the similar or deceptively similar

                     carton / pack trade dress under names "Skenique" together with cartons,

                     labels, printing blocks, boxes etc bearing the name "Skenique" for

                     destruction.



                                  (e) Directing the defendant to pay the plaintiff the cost of the suit.



                                        For Plaintiffs       : Mr.N.Nithianandham

                                        For Defendant        : M/s.Rahul K.Jain

                                                             **********


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                                                                                C.S.(Comm.Div.) No.22 of 2021




                                                        JUDGMENT

The suit was filed for alleged infringement of copyright, passing off,

rendition of accounts with a decree for profits and surrender of infringing

materials. The parties have entered into a settlement. Both parties have

submitted a joint memo dated 18.04.2022. Such joint memo is duly signed

by both the plaintiffs and the sole defendant. The respective counsel have

also signed the joint memo. On perusal thereof, it appears that the

defendant has agreed to a decree in terms of prayers (a) and (b) of paragraph

26 of the plaint and the plaintiffs have agreed to relinquish prayers (c) to (e)

of paragraph 26 of the plaint. On examining the terms of settlement, there is

no legal impediment to the issuance of a decree in terms thereof.

2. Accordingly, C.S.(Comm.Div.) No.22 of 2021 is decreed in terms

of the joint memo dated 18.04.2022, which shall form an integral part