Madras High Court
M/S.Puravankara Projects ... vs M/S.Purvamithra Developers Pvt ... on 21 April, 2022
C.S.(Comm.Suits) No.192 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.(Comm.Suits) No.192 of 2015
M/s.Puravankara Projects Limited,
No.36/2, Gandhi Mandapam Road,
Kotturpuram,
Chennai - 600 085. ... Plaintiff
vs.
M/s.Purvamithra Developers Pvt Ltd.,
Survey No.41/3, Doddakanneli,
Radha Reddy Layout Road,
Sarjapur Road, Bengaluru - 560 035. ... Defendant
PRAYER: Plaint filed under Order VII Rule 1 Read With Order IV Rue 1
O.S.Rules Read With Section 134 of the Trademarks Act, 1999, prayed for
Judgment and Decree:-
1/9
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Suits) No.192 of 2015
(a) Permanent injunction restraining the Defendants, their servants,
representatives, agents, and distributors from in any manner infringing the
Plaintiff's registered trademark under No.1182590 in Class 19 and 1266091
in Class 37 for the trademark PURVA by using the name PURVAMITHRA,
APURVA or any other deceptively similar name thereto as a trademark,
trade name or domain name in websites, blogs or in any other manner
whatsoever;
(b) Permanent injunction restraining the defendants, their servants,
representatives, agents, and distributors from in any manner passing off or
enabling others to pass off the defendant's trademark, trade name, domain
name PURVAMITHRA or APURVA as and for the plaintiff's PURVA or in
any other manner so as to cause confusion and also deception or in any
other manner whatsoever;
(c) the Defendant be ordered to surrender to Plaintiffs for destruction
of materials, dyes, blocks, moulds, screen prints, advertising materials and
2/9
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Suits) No.192 of 2015
other materials bearing the trademark PURVAMITHRA or APURVA or
any mark deceptively similar to plaintiff's registered trademark PURVA;
(d) Mandatory injunction directing the defendant for transferring the
domain or website www.purvamithra.co.in to the plaintiff or its authorized
representative;
(e) Pay damages to the tune of Rs.25,00,000/- to the plaintiff on
account of the misuse of the name PURVA as its corporate name, trade
name and trademark;
(f) Costs of the suit.
For Plaintiff : Mr.R.Sathish Kumar
For Defendant : Mr.R.Umashankar for
M/s.Sri & Shankar Associates
**********
3/9
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Suits) No.192 of 2015
JUDGMENT
The suit was filed for alleged infringement of trademark, passing off,
surrender of infringing material, transfer of infringing websites and
damages.
2. Subsequent thereto, the parties arrived at a settlement. In terms
thereof, the parties have agreed to the following terms and conditions:
"2. Pending the suit, the parties has discussed and have
arrived at an amicable settlement of the dispute and the
plaintiff also agreed to settle the dispute on the following terms
and conditions reduced hereunder:-
a) That the defendant has changed the
project PURVA ELITE to APOORVA ELITE;
b) That the defendant agrees and undertakes
that the word PURVA shall not be used
independently either as a prefix or suffix to any
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Suits) No.192 of 2015
project, advertisements, promotions or
communications by them in any manner
whatsoever;
c) That the defendant's trading style /
company name PURVAMITHRA DEVELOPERS
PRIVATE LIMITED may continue and the
defendant shall always use the name
PURVAMITHRA as a single word;
d) That the plaintiff shall not proceed
against the defendant for the use of
PURVAMITHRA as a company name as a single
word and would withdraw or abandon any
complaint / petition pending before the authority;
e) That the defendant is liable to pay
punitive damages to the plaintiff in case of breach
of any of the above terms between the parties at
any point of time in the future.
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Suits) No.192 of 2015
3. The plaintiff and the defendant agree that in view of
the above undertakings to this Hon'ble Court the suit may be
decreed in terms of this Memo of Compromise and the plaintiff
shall waive the claim for damages in terms of Prayer 29(e) of
the plaint."
3. The plaintiff has produced a Memorandum of Compromise
incorporating the above terms, which is signed by the plaintiff. On
instructions, the defendant has submitted a Memo dated 21.04.2022, which
is signed by learned counsel on behalf of the defendant. Both these
documents incorporate identical terms, which are set out above. On
examining the above terms, there is no legal impediment to the issuance of a
decree in terms thereof.
4. Accordingly, C.S.(Comm.Suits) No.192 of 2015 is decreed on the
following terms:
“2. Pending the suit, the parties has discussed and have
arrived at an amicable settlement of the dispute and the
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Suits) No.192 of 2015
plaintiff also agreed to settle the dispute on the following terms
and conditions reduced hereunder:-
a) That the defendant has changed the
project PURVA ELITE to APOORVA ELITE;
b) That the defendant agrees and undertakes
that the word PURVA shall not be used
independently either as a prefix or suffix to any
project, advertisements, promotions or
communications by them in any manner
whatsoever;
c) That the defendant's trading style /
company name PURVAMITHRA DEVELOPERS
PRIVATE LIMITED may continue and the
defendant shall always use the name
PURVAMITHRA as a single word;
d) That the plaintiff shall not proceed
against the defendant for the use of
PURVAMITHRA as a company name as a single
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Suits) No.192 of 2015
word and would withdraw or abandon any
complaint / petition pending before the authority;
e) That the defendant is liable to pay
punitive damages to the plaintiff in case of breach
of any of the above terms between the parties at
any point of time in the future.
3. The plaintiff and the defendant agree that
in view of the above undertakings to this Hon'ble
Court the suit may be decreed in terms of this
Memo of Compromise and the plaintiff shall waive
the claim for damages in terms of Prayer 29(e) of
the plaint.”
The above terms shall form an integral part of the decree. In the facts and
circumstances, there will be no order as to costs.
21.04.2022
rna
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Suits) No.192 of 2015
SENTHILKUMAR RAMAMOORTHY,J
rna
C.S.(Comm.Suits) No.192 of 2015
21.04.2022
https://www.mhc.tn.gov.in/judis
