Madras High Court
Mr.P.Pandian vs Vvm Lungi Company on 24 August, 2022
C.S.(Comm.Div.) No.68 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.(Comm.Div.) No.68 of 2022
and O.A.Nos.193, 194 of 2022
and A.No.1567 of 2022
1.Mr.P.Pandian,
36, Coral Merchant Street,
Mannady, Chennai - 600 001.
2.Kela and Company
No.130, Coral Merchant Street,
Mannady, Chennai - 600 001.
Rep. by its Partner Mr.P.Pandian ... Plaintiffs
vs.
VVM Lungi Company
Rep. by its sole proprietor
Mr.V.Mathavan
No.163, Nadu Street, Narasingapuram,
Minnal - 632 510. ... Defendant
PRAYER: Plaint filed under Order IV Rule 1 of the O.S.Rules And Order
VII Rule 1 of C.P.C. Rules Read With Sections 27, 28, 29, 134 and 135 of
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C.S.(Comm.Div.) No.68 of 2022
the Trade Marka Act, 1999 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:-
(a) a permanent injunction restraining the Defendant, by themselves,
their legal representatives, their partners, men, servants, agents,
representatives, successors in business, assigns, distributors, dealers,
stockists, transporters, exporters or any one claiming through them from in
any manner selling lungies using the trademarks VVM MUSTAFA or any
other such marks which are identical / deceptively similar to the plaintiff's
trademark MUSTAFA amounting to infringement of the plaintiff's registered
trademarks bearing Nos.1496934 in class 24 or in any other manner
whatsoever;
(b) a permanent injunction restraining the Defendant, by themselves,
their legal representatives, their partners, men, servants, agents,
representatives, successors in business, assigns, distributors, dealers,
stockists, transporters, exporters or any one claiming through them from in
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C.S.(Comm.Div.) No.68 of 2022
any manner passing off or enabling others to pass off lungies and other textile
products as and for the plaintiff's lungies and other textile products by use of
trademark MUSTAFA and / or VVM MUSTAFA in any manner whatsoever;
(c) the Defendant be ordered to pay to the plaintiffs, a sum of
Rs.1,00,000/- towards damages to the reputation and goodwill of the
plaintiffs over its well reputed trademark MUSTAFA on account of the acts
of infringement and passing off committed by the Defendant;
(d) the Defendant be ordered to surrender to the Plaintiffs all the
infringing VVM MUSTAFA brochure, leaflets, pamphlets, hand bills,
hoardings, wall posters, calendars, carry bags, stationary items and such other
sales promotional materials wherever the mark MUSTAFA is being used, for
the purpose of destruction;
(e) a preliminary decree be passed in favour of the plaintiffs directing
the Defendant to render account of profits made on account of the purported
acts in pursuance of the manufacture of spurious lungies under the identical
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C.S.(Comm.Div.) No.68 of 2022
trademark of the plaintiffs and a final decree be passed in favour of the
plaintiffs for the amount of profits thus found to have been made by the
Defendant after the latter have rendered accounts;
(f) for costs of the entire proceedings.
For Plaintiffs : Ms.Chandini Pradeep
for Mr.Arun C.Mohan
For Defendant : M/s.R.Pushkar, Priya.V
**********
JUDGMENT
The suit was filed seeking remedies in respect of alleged trademark
infringement and passing off. The parties have executed a Memorandum of
Compromise in August 2022 and placed the same before the Court. On
perusal, the said Memorandum of Compromise has been executed by each
plaintiff and by the sole defendant. In addition, learned counsel for the
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.68 of 2022
respective parties have also signed the same. As per clause 5 thereof, the
defendant has submitted to a judgment and decree in terms of prayers (a), (b)
and (d) of paragraph 20 of the plaint. In addition, the defendant has agreed to
pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) in full and final
settlement of the monetary claim. 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.68 of 2022 is decreed in terms of
prayers (a), (b) and (d) of paragraph 20 of the plaint. The Memorandum of
Compromise shall form an integral part of the decree. In view of the
settlement, there will be no order as to costs. Consequently, O.A.Nos.193,
24.08.2022
rna
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.68 of 2022
SENTHILKUMAR RAMAMOORTHY,J
rna
C.S.(Comm.Div.) No.68 of 2022
and O.A.Nos.193, 194 of 2022
and A.No.1567 of 2022
24.08.2022
https://www.mhc.tn.gov.in/judis
