Madras High Court
Also At vs Sri Lakshmi Oil Store on 21 June, 2022
C.S.(Comm.Div.) No.45 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2022
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR
RAMAMOORTHY
C.S.(Comm.Div.) No.45 of 2022
and O.A.Nos.135 to 137 of 2022
and A.Nos.900, 901 of 2022
Ruchi Soya Industries Limited
Ruchi House, Royal Palms, Survey No.169,
Aarey Milk Colony, Near Mayur Nagar,
Goregaon (East), Mumbai,
Maharashtra - 400 065.
Also at:
Office No.601, Part B-2, Metro Tower,
6th Floor, Vijay Nagar, AB Road, Indore,
Madhya Pradesh - 452 010
Through its Authorized Representative,
T.Gajendra ... Plaintiff
vs.
Sri Lakshmi Oil Store,
33, 34, East Marat Street,
Madurai District, Tamil Nadu - 625 001. ... Defendant
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https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.45 of 2022
PRAYER: Plaint filed under Order IV Rule 1 O.S.Rules Read With Order
VII Rule 1 CPC, Sections 27, 28, 29, 134 and 135 of the Trademarks Act,
1999 and Sections 51, 55 and 62 of the Copyright Act, 1957 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, themselves, its
proprietor / directors / partners and other unknown persons as the case may
be, successors-in-business, servants, agents, distributors, dealers, stockists,
shop keepers, wholesalers, retailers, representatives, assigns and all other
persons claiming through or under them from infringing the registered
trademark RUCHI GOLD of the Plaintiff by manufacturing, selling and / or
distributing oil products including palm oil under an almost identical mark
KBL GOLD with similar colour scheme, getup, layout or any other similar
or identical mark and in any other manner whatsoever;
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C.S.(Comm.Div.) No.45 of 2022
(b) A permanent injunction restraining the Defendant, themselves, its
proprietor / directors / partners and other unknown persons as the case may
be, successors-in-business, servants, agents, distributors, dealers, stockists,
shop keepers, wholesalers, retailers, representatives, assigns and all other
persons claiming through or under them from manufacturing, selling,
offering for sale and / or distributing oil products including palm oil which
would amount to passing off their products as and for the plaintiff's products
by using a deceptively similar mark KBL Gold with similar colour scheme,
getup, layout or any other similar or identical mark and in any other manner
whatsoever;
(c) A permanent injunction restraining the Defendant by themselves,
their servants, agents, men, distributors or anyone claiming through them
from committing acts of copyright infringement by making substantial
reproduction of the plaintiff's registered copyright in the artistic work
RUCHI GOLD label by use of deceptively similar colour scheme, get up and
layout for their KBL GOLD labels or in any manner whatsoever;
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C.S.(Comm.Div.) No.45 of 2022
(d) The Defendant be ordered to surrender to the Plaintiff for
destruction all labels, cartons, containers, packaging materials, blocks, dyes,
prints, screen prints, notices, pamphlets, advertisements, hoardings, and
other promotional materials bearing the mark KBL Gold which is identical
to the Plaintiff's registered trademark Ruchi Gold;
(e) Pass a Preliminary decree in favour of the Plaintiff directing the
Defendants for rendition of their accounts of sales and profits of the
impugned goods sold by the Defendants under the impugned mark "KBL
GOLD", and a final decree be passed in favour of the Plaintiff for the
amount of profit found to have been made by the Defendants after such
accounts are rendered;
(f) the Defendant be Ordered and Decreed to pay to the Plaintiff a
sum of Rs.10,00,000/- as punitive and compensatory damages for
committing acts of infringement of trademark and copyright and passing off
of RUCHI GOLD;
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C.S.(Comm.Div.) No.45 of 2022
(g) An order as to costs of the proceedings.
For Plaintiff : Mr.P.Giridharan
For Defendant : Mr.M.Rajaraman
**********
JUDGMENT
The suit was filed in respect of alleged trademark and copyright
infringement and passing off. Pursuant to negotiations, the parties have
executed a Joint Memorandum of Compromise dated 09.06.2022. On
perusal, the said Memorandum of Compromise has been executed by the
plaintiff and defendant and their respective counsel. By the Joint
Memorandum of Compromise, the defendant has submitted to a judgment
and decree in terms of prayers (a), (b) and (c) of paragraph 34 of the plaint.
The plaintiff has agreed to relinquish the reliefs claimed as prayers (d), (e),
(f) and (g) of paragraph 34 of the plaint. On examining the terms of
compromise, there is no legal impediment to the issuance of a decree in
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.45 of 2022
terms thereof.
2. Accordingly, C.S.(Comm.Div.) No.45 of 2022 is decreed in terms
of the Joint Memorandum of Compromise, which shall form an integral part
thereof. In view of the settlement, there will be no order as to costs.
Consequently, the connected O.A.Nos.135 to 137 of 2022 and A.Nos.900
and 901 of 2022 are closed.
21.06.2022
rna
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.45 of 2022
SENTHILKUMAR RAMAMOORTHY,J
rna
C.S.(Comm.Div.) No.45 of 2022
and O.A.Nos.135 to 137 of 2022
and A.Nos.900, 901 of 2022
21.06.2022
https://www.mhc.tn.gov.in/judis
