Madras High Court
Aravind Laboratories vs Mr.Ajay Prasad Gupta on 17 August, 2022
C.S.(Comm.Div.) No.57 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.(Comm.Div.) No.57 of 2022
and A.Nos.1323, 2128, 2129 of 2022
and O.A.Nos.160, 161 of 2022
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
vs.
Mr.Ajay Prasad Gupta
Proprietor
Gopal Cosmetics Products (India)
M.E.School Road,
Near Seva Sadan Hospital,
Jugsalai,
Jamshedpur - 831 006. ... Defendant
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https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.57 of 2022
PRAYER: Plaint filed under Order IV, Rule 1 of the Original Side Rules
And Order VII, Rule 1 of the CPC Read with Sections 27(2), 29, 134 and
135 of the Trademarks Act, 1999, prayed for Judgment and Decree:-
(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 FAX DALLEE upon the goods or in any media and use the
same in Cosmetics and Herbal Extracts For Cosmetic Purposes Including
Nail Polish and Remover, Sindur, Taral Alta, Nail Glitter, Face Pack,
Lotion, Soaps & Shampoo And Conditioner, Hand Wash, Hand Cleaner,
Bleaching Preparation & Perfumery, Lip Care, Lipstick, Mascara, Facial
Pack, Kajal, Power, Toothpaste, Cream, Hand Wash, Hand Cleanser,
Lotion, Bindi, Blusher, Eye Liner, Eye Shadow In Powder And Liquid
Form, Pencil For Lips, Eyes And Eye Brows, Lip Gloss, Cream and
Compact Powder (Cosmetics), Essential Oil, Hair Oil & Gel, Hair Colour &
Dye, Hair Spray, Deodorant, Fragrances And Perfumery Products, invoices,
letter heads and visiting cards or on any other cosmetics by using any other
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C.S.(Comm.Div.) No.57 of 2022
trade mark which is in any way visually, phonetically or deceptively similar
to the Plaintiff Trade Marks, EYETEX DAZLLER, DAZLLER, EYETEX
DAZLLER and, DAZLLER ETERNA or in any manner infringing the
Plaintiff Registered Trade Mark Nos.1261112, 1261117, 3751465,
4801318, 4926040, 4926041.
(b) Granting a permanent injunction, restraining the Defendant, by
themselves, their servants, agents, men, or anyone claiming through them
from manufacturing, marketing, distributing, offering or advertising or
using the Mark FAX DAZLLEE or similar sounding names in the course of
their business and pass off their Cosmetics and Herbal Extracts For
Cosmetic Purposes Including Nail Polish and Remover, Sindur, Taral Alta,
Nail Glitter, Face Pack, Lotion, Soaps & Shampoo And Conditioner, Hand
Wash, Hand Cleaner, Bleaching Preparation & Perfumery, Lip Care,
Lipstick, Mascara, Facial Pack, Kajal, Powder, Toothpaste, Cream, Hand
Wash, Hand Cleanser, Lotion, Bindi, Blusher, Eye Liner, Eye ShadowIn
Powder And Liquid Form, Pencil For Lips, Eyes And Eye Brows, Lip Bloss,
Cream and Compact Powder (Cosmetics), Essential Oil, Hair Oil & Gel,
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C.S.(Comm.Div.) No.57 of 2022
Hair Colour & Dye, Hair Spray, Deodorant, Fragrances And Perfumery
Products using the Trade Mark FAX DAZLLEE as and for the, EYETEX
DAZLLER, DAZLLER, EYETEX DAZLLER and DAZLLER ETERNA
goods of the Plaintiff or enable others to pass off.
(c) Directing the Defendant 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 FAX DAZLLEE 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 FAX DAZLLEE on the goods referred and for a final decree in
favour of the Plaintiff for the amount of the profits found to have been made
by the Defendant, after the Defendant has rendered accounts.
(e) Directing the defendant to pay to the plaintiff the costs to the suit.
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C.S.(Comm.Div.) No.57 of 2022
For Plaintiff : Ms.T.Hemalatha
for M/s.C.Daniel
For Defendant : Mr.R.Sathish Kumar
**********
JUDGMENT
In a suit for alleged trademark infringement and passing off, the
parties have executed a Memorandum of Compromise dated 12.08.2022.
On examining the same, it has been duly executed by the partner of the
plaintiff and the proprietor of the defendant. The respective counsel have
also signed the said Memorandum of Compromise. As per the terms
thereof, the defendant has submitted to a judgment and decree in terms of
prayers (a) and (b) of paragraph 31 of the plaint. The defendant has further
undertaken to withdraw the application filed for registration of the
trademark FAX DAZLLEE under Application No.4795592 dated
25.12.2020 under class 3. The plaintiff has acknowledged that they have no
objection to the defendant using the carton / label / packet shown in
Annexure - A of the Memorandum of Compromise. Other terms ancillary to
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C.S.(Comm.Div.) No.57 of 2022
the compromise were also agreed upon. I see no legal impediment to the
issuance of a decree in terms of the Memorandum of Compromise.
2. In the result, C.S.(Comm.Div.) No.57 of 2022 is decreed in terms
of the Memorandum of Compromise dated 12.08.2022, which shall form an
integral part thereof. In view of the settlement, there will be no order as to
costs. Consequently, A.Nos.1323, 2128, 2129 of 2022 and O.A.Nos.160,
161 of 2022 are closed.
17.08.2022
rna
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.57 of 2022
SENTHILKUMAR RAMAMOORTHY,J
rna
C.S.(Comm.Div.) No.57 of 2022
and A.Nos.1323, 2128, 2129 of 2022
and O.A.Nos.160, 161 of 2022
17.08.2022
https://www.mhc.tn.gov.in/judis
