Madras High Court
Mr.D.J.Praveen Antony vs Mr.Joshua Daniel on 24 January, 2022
C.S.49 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.01.2022
Coram
THE HONOURABLE Mr.JUSTICE N.ANAND VEKATESH
C.S.(Comm Div) No.49 of 2021
MR.D.J.Praveen Antony,
Trading as Cholan Mess,
No.10, Vinayak Avenue, 1st main Road,
Okkiyam Thoraipakkam, OMR,
Chennai 600097 .. Plaintiff
/versus/
1. Mr.Joshua Daniel,
Plot No.3, Phase 1, 1st Avenue,
Nolambur, Mogappair West,
Chennai 600 037, India.
2. Mr.Mani,
Plot no.3, Phase 1, 1st Avenue,
Nolambur, Mogappair West,
Chennai 600 037, India ..Defendants
Prayer: Civil Suit has been filed under Order VII Rule 1 of the CPC r/w
order IV Rule 1 of Madras High Court original side rules Section 51, 55 &
62 of the Copy Right Act, 1957, Sections 27, 28, 29, 134 & 135 of the
Trade Marks Act, 1999, praying to pass a judgment and decree :-
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C.S.49 of 2021
(a) A Permanent injunction restraining the defendants, all his
principal officers,staff, men, agent, servants, successors, assigns in
business, representatives and any other person from infringing the
trade mark by using the registered word mark 'CHOLAN MESS' as
registered by the plaintiff having Trade mark Registration No.4311395
or any other word/words/logo/artistic work/design/device that are
identical or deceptively similar to the said mark of the plaintiff in
respect of providing food and drinks services and thereby restraining
the defendants in any manner from infringing the registered trade
mark of the plaintiff and thus render justice.
(b) Permanent injunction restraining the defendants, all their
principal officers, staff, men, agent,servants, successors, assigns in
business, representatives and any other person from passing off
his/their goods by using the mark “CHOLAN MESS” or label mark
“ “ artistic work or any other word/words/logo artistic work
/design/device that are idential or decepticely similar to the said mark
of the plaintiff in respect of providing food and drinks services and
thereby restraining the defendnats in any manner from passing off and
thus render justice.
(c) Permanent injunction restraining the defendant all his
principal officers, staff, men, agent, servants, successors, assigns in
business, repreentatives and any other person from infringing the copy
right of the plaintiff by using the artistic work “ ” or, any other
logo/artistic work / design/device that are identical or deceptively
similar to the said copyright of the plaintiff, and thereby restraining
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C.S.49 of 2021
the defendants from in any manner infringing the copy right of the
plaintiff and thus render justice.
(d) that the defendnts be ordered and directed to pay to plaintiff
a sum of Rs.5,00,000/- (rupees five lakhs only) by way of damages.
(e) A Preliminary decree be passed in favour of the plaintiff
directing the defendants to render a true and faithful accounts of all
profit made by him, using the plaintiff's said Trade mark and copy
righted work and a final decree be passed in favour of the plaintiff for
the amount of profit thus found to have been made by the defendnats,
together with interest, after the defendants has rendered accounts.
(f) That the defendants be directed to deliver up to the
plaintiff for destruction, all labels, all other print materials, stickers,
signage, visiting cards, letter heads, catalogues, pamphlets, brochers,
all other advertising and promotional material, all stationary, and such
other material used for infringing and passing off.
(g) for the cost of the suit and
(h) Pass such further or other orders.
For Plaintiff : Mr.Manikandan B
For Defendant : M/s.K.M.Vijayan Associates
Aagnes Lazar for D1 and D2
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JUDGMENT
The present suit was filed by the plaintiff with a
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C.S.49 of 2021
grievance that the defendants are infringing the registered trade
mark of the plaintiff and consequently, the plaintiff had sought
for various reliefs against the defendants.
2. During the pendency of this suit, the paries were able
to reach a compromise and a memo of compromise entered into
between the plaintiff and the defendants, has been filed before
this Court and it has been duly signed by the parties and their
respective counsel.
3. The Memo of compromise is extracted hereunder :-
“ The plaintiff and the 1st and 2nd defendants jointly
submit as follows :-
Without going into the merits of the claim, the 2nd
defendant agree to pay sum of Rs.50,000/- by way of
D.D.No.952948 dated 07.01.2022 drawn on State Bank
of india, as full and final settlement and further it is
agreed that 1st and 2nd defendant undertakes that they
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C.S.49 of 2021
will not use the “Cholan mess” and “The symbol” in
any manner as claimed by the petitioner in C.S.No.49
of 2021.
It is therefore prayed before this Hon'ble Court may
be pleased to record the compromise memo and pass
orders as may be deem fit in the facts and
circumstances of the case and thus render justice.
4. In view of the above, this suit is disposed of in terms
of the Memorandum of compromise and the Memorandum of
compromise shall form part of the decree. Considering the facts
and circumstances of the case, there shall be no order as to costs.
Since the matter has been compromised even before the framing
of issues, the plaintiff will be entitled for the entire Court fees
paid at the time of filing the suit. The learned counsel for the
plaintiff shall file an appropriate memo and seek for the refund of
the Court fees.
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C.S.49 of 2021
rka
N.ANAND VENKATESH,J.
rka
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C.S.49 of 2021
C.S.No.49 of 2021
24.01.2022
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