Madras High Court
M/S.Sakthi Traders vs M/S.A.B.T.Industries Ltd on 27 January, 2022
C.S.Nos.181 of 2002 and 252 of 2003
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.01.2022
Coram:
THE HONOURABLE MR JUSTICE N.ANAND VEKATESH
Civil Suit Nos.181 of 2002
and 252 of 2003
C.S.No.181 of 2002
M/s.Sakthi Traders,
represented by its partner,
Mr.N.Sampath,
No.87, Subash Street,
Kangayam-638 701,
Erode District. .. Plaintiff
.vs.
M/s.A.B.T.Industries Ltd,
No.180, Race Course Road,
Coimbatore-641 018 and also
Having their branch at
102, Anna Salai,
Chennai-600 032. ..Defendant
Prayer: Civil Suit has been filed under Order VII Rule 1 CPC read with Sections
105 and 106 of the Trade and Merchandise Marks Act, 1958, pleased to grant a
judgment and decree on the following terms:-
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C.S.Nos.181 of 2002 and 252 of 2003
a) Permanent injunction restraining the defendant, his men, agents,
servants or any one claiming through him from in any manner infringing the
plaintiff's Trademark "SAKTHI" by using the offending trademark and
trademark label "SAKTHI" or any other trademark or label or device which is
identical or deceptively similar to or a colourable imitation of the plaintiff's
trademark and trade mark label "SAKTHI";
b) Permanent injunction restraining the defendant, his men, agents,
servants or any one claiming through him from in any manner passing of his
goods as that of the plaintiff's by using the offending trademark label "SAKTHI"
as and for the plaintiff's products or any other trade mark label or device which is
similar or deceptively similar to that of the plaintiff's trademark label "SAKTHI"
either by manufacturing or offering for sale or in any manner advertising the
same;
c) Direction to the defendant to surrender to the plaintiff the entire stocks,
with the infringing trademark label "SAKTHI" and unused offending trademark
label "SAKTHI" together with blocks and dies for destruction;
d) Direction to the defendant to render a true and faithful account of the
profits earned by him through the sale of his products bearing the offending trade
mark label "SAKTHI" and directing the payment of such profits to the plaintiff;
e) Directing the defendant to pay the costs of the suit to the plaintiff;
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C.S.Nos.181 of 2002 and 252 of 2003
For Plaintiff :Mr.Prasanna Venkat
for M/s.A.Prabhakara Reddy.
For Defendant : Mr.Raghul M.Shankar
for M/s.Brinda Mohan
C.S.No.252 of 2003
M/s.A.B.T.Industries Ltd,
No.180, Race Course Road,
Coimbatore-641 018 and also
Having their branch at
102, Anna Salai,
Chennai-600 032. .. Plaintiff
.vs.
M/s.Sakthi Traders,
represented by its partner,
Mr.N.Sampath,
No.87, Subash Street,
Kangayam-638 701,
Erode District. ..Defendant
Prayer: Civil Suit has been filed under Order VII Rule 1 CPC read with Order IV
Rule 1 of the OS Rules of the Madras High Court Sections 27, 29, 105 and 106
of the Trade and Merchandise Marks Act, 1958, pleased to grant a judgment and
decree on the following terms:-
a) Permanent injunction restraining the defendant, by themselves, their
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C.S.Nos.181 of 2002 and 252 of 2003
men, servants, agents, distributors, stockists or any of them from in any way
infringing the plaintiff registered trademark TRIDENT device under No.615694B
by use of a similar TRIDENT device or any other logo, device, etc., or in any
other manner whatsoever;
b) Permanent injunction restraining the defendant, by themselves, their
men, servants, agents, distributors, stockists, or any of them from manufacturing,
selling, offering for sale ghee using labels, containers, cartons, pouches,
advertising material and other material bearing the trademark SAKTHI and
device of TRIDENT or any mark/s similar thereto so as to pass off and enable
others to pass of the defendant's ghee as and for plaintiff's ghee or in any other
manner whatsoever;
c) the defendant be ordered to surrender to plaintiff for destruction of all
labels, pouches, cartons, blocks, dyes, screen prints and other materials bearing
the trademark SAKTHI, device of TRIDENT or any other mark similar to
plaintiff's trademark SAKTHI and the TRIDENT device;
d) a preliminary decree be passed in favour of the plaintiff directing the
defendant to render account of profits made by use of trademarks SAKTHI, the
device of TRIDENT and a final decree be passed in favour of the plaintiff for the
amount of profits thus found to have been made by the defendant after the latter
have rendered accounts;
e) The defendant be ordered and decreed to pay to the plaintiff a sum of
Rs.10,05,000/- as damages;
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C.S.Nos.181 of 2002 and 252 of 2003
f) For costs of the suit;
For Plaintiff :Mr.Raghul M.Shankar
for M/s.Brinda Mohan
For Defendant : Mr.Prasanna Venkat
for M/s.A.Prabhakara Reddy.
-----
COMMON JUDGMENT
The issues involved in both the suits are inter-connected and the parties in
both the suits are also common and hence, both the suits are taken up together for
disposal.
2. When the suits were taken up for hearing on 04.01.2022, this Court
passed the following order:-
'The learned counsel appearing on either side sought for
some more time to report settlement. It is brought to the notice of
this Court that the related parties have already reached settlement
and submitted the same before the Trademark Registrar. The
application was disposed of in terms of settlement. The copy of
the settlement that was submitted before the Trademark Registrar
https://www.mhc.tn.gov.in/judis
C.S.Nos.181 of 2002 and 252 of 2003
shall be produced before this Court during the next date of
hearing and if the parties by then are not able to reduce the
compromise into writing, both the suits can be disposed of in
terms of settlement that was submitted before the Registrar of
Trademark. By doing so, the interest of both parties can be
safeguarded.
2. Post the suits under the caption 'FOR REPORTING
SETTLEMENT' on 25.01.2022.'
3. When the matter was taken up for hearing today, the copy of the
settlement agreement that was filed before the Trademarks Registry was brought
to the notice of this Court. This settlement was arrived at as early as in the year
2004 itself and thereafter, the parties have been functioning without any dispute.
The present suits were filed in the year 2002 and 2003 respectively and
unfortunately the settlement that was arrived at by the parties before the
Trademarks Registry was not able to be reported before this Court and it came to
be known only when the jurisdiction was determined by this Court by an order
dated 22.09.2021. In view of the same, this Court directed, a copy of the
settlement agreement to be produced so that the same terms can be recorded in
these suits also and the suits can accordingly be disposed of.
4. The parties before the Trademark Registry, Chennai were “M/s.Shakti
https://www.mhc.tn.gov.in/judis
C.S.Nos.181 of 2002 and 252 of 2003
Sugars Limited” and “M/s.Sakthi Trading Company”. M/s. Shakti Sugars
Limited is a group company of M/s.A.B.T. Industries limited and hence, the
settlement arrived at before the Trademark Registry, Chennai can be extended to
M/s.A.B.T. Industries Limited also and the suits can be disposed of in terms of
the settlement agreement.
5. The parties arrived at the following settlement by virtue of the settlement
agreement dated 22.04.2004 and the same is extracted hereunder:-
'1. M/s. Shakti Sugars Limited user is confined to sugar,
soya products, milk and ghee.
2. While in cases of soya, sugar products and milk
applications, the opponent states that they have no objection and
in case of ghee they say that there is enough stock in circulation in
the market and they need one year to withdraw the same from the
market.
3. Mr.V.Veeraraghavan, undertook to withdraw the
oppositions to registration of trade marks pertaining to sugar,
soya, milk and ghee and in relation to good for which the
opponents have not filed applications for registration. The details
of applications and oppositions are as under. Consequently these
applications shall proceed to registration, if no other oppositions
are pending and subject to amendment as suggested.
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C.S.Nos.181 of 2002 and 252 of 2003
Appln. Class Opposition No. Status of Status of application
No. opposition
615507 1 55753 Opposition Appln. Proceeded to
withdrawn regn
615527 2 55755 Opposition Appln. Proceeded to
withdrawn regn
615508 3 55742 Opposition
abates
615525 4 55748 Opposition Appln. Proceeded to
withdrawn regn
615633 5 55750 Opposition
abates
615449 8 55745 Opposition Appln. Proceeded to
withdrawn regn
615450 9 55744 Opposition Appln. Proceeded to
withdrawn regn
615632 10 55743 Opposition Appln. Proceeded to
withdrawn regn
615631 11 55730 Opposition Appln. Proceeded to
withdrawn regn
615511 12 55732 Opposition Appln. Proceeded to
withdrawn regn
615445 14 55729 Opposition Appln. Proceeded to
withdrawn regn
615628 15 55757 Opposition Appln. Proceeded to
withdrawn regn
615524 16 55731 Opposition Appln. Proceeded to
withdrawn regn
615493 17 55758 Opposition
abates
615491 18 55746 Opposition
abates
615501 19 55749 Opposition Appln. Proceeded to
withdrawn regn
615526 20 55728 Opposition Appln. Proceeded to
withdrawn regn
615500 21 55756 Opposition Appln. Proceeded to
https://www.mhc.tn.gov.in/judis withdrawn regn
C.S.Nos.181 of 2002 and 252 of 2003
Appln. Class Opposition No. Status of Status of application
No. opposition
615502 22 55754 Opposition
abates
615503 23 55752 Opposition Appln. Proceeded to
withdrawn regn
615494 24 55736 Opposition Appln. Proceeded to
withdrawn regn
615492 25 55734 Opposition Appln. Proceeded to
withdrawn regn
615523 26 55741 Opposition Appln. Proceeded to
withdrawn regn
615529 27 55751 Opposition Appln. Proceeded to
withdrawn regn
615499 28 55737 -do- -do-
615496 29 61422 -do- -do-
615465 30 58711 -do- Appln. Proceeded to
regn. Subject to
confining the goods
to sugar and ice
cream
615498 30 55735 -do- Appln. Proceeded to
regn. Subject to
confing the goods to
sugar
615504 32 55738 Opposition Appln. withdrawn
abates
615505 33 55740 Opposition Appln. Proceeded to
withdrawn regn
615506 34 55739 Opposition Appln. Proceeded to
withdrawn regn
4. Reciprocally Mr.Mohan agreed to withdraw his
oppositions to registration of applicants' mark in 14 classes, the
details of which are as under:
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C.S.Nos.181 of 2002 and 252 of 2003
Appln Class Oppn.No. Oppn.Status Appln.Status
No.
600661 57486 Oppn.wdn Appln Proceeded to
regn.
600677 57492 -do- -do-
600672 57487 -do- -do-
600675 57490 -do- -do-
600673 57488 -do- -do-
600676 57491 -do- -do-
878086 61785 -do- -do-
878099 61795 -do- -do-
600674 57489 -do- -do-
878095 61791 -do- -do-
878084 61783 -do- -do-
878088 61787 -do- -do-
878087 61786 -do- -do-
878094 61790 -do- -do-
878085 61784 -do- -do-
878098 61794 -do- -do-
878080 61780 -do- -do-
878079 61779 Oppn.wdn. Appln.proceeded to
regn.
878077 61777 -do- -do-
878078 61778 -do- -do-
878082 61781 -do- -do-
878083 61782 -do- -do-
878084 61783 -do- -do-
878089 61788 -do- -do-
878093 61789 -do- -do-
878096 61792 -do- -do-
878097 61793 -do- -do-
878099 61795 -do- -do-
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C.S.Nos.181 of 2002 and 252 of 2003
6. The Trademarks Registry, Chennai by recording the above settlement
had proceeded to register the applications submitted by the parties. The
settlement that was recorded before the Trademarks Registry shall stand intact
and the present settlement that is recorded in these suits, shall not in any way
disturb the settlement that has already been recorded before the Trademarks
Registry.
7. In view of the above, both the suits are disposed of in terms of the above
settlement and the terms of settlement shall form part of the decree. Considering
the facts and circumstances of the case, there shall be no order as to costs.
27.01.2022
nsa
Internet: Yes
Index : Yes/No
To
The Sub-Assistant Registrar,
Original Side,
High Court,
Madras.
N.ANAND VENKATESH,J.
https://www.mhc.tn.gov.in/judis
C.S.Nos.181 of 2002 and 252 of 2003
nsa
Civil Suit Nos.181 of 2002
and 252 of 2003
27.01.2022
https://www.mhc.tn.gov.in/judis
