Veranda Race Learning Solutions ... vs M/S.Trichy Race Academy
2023 Latest Caselaw 4016 Mad

Citation : 2023 Latest Caselaw 4016 Mad
Judgement Date : 10 April, 2023

Madras High Court

Veranda Race Learning Solutions ... vs M/S.Trichy Race Academy on 10 April, 2023

                                                                          C.S.No.23 of 2022

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 10.04.2023

                                                  CORAM:

                                  THE HONOURABLE Mr. JUSTICE S.SOUNTHAR

                                         C.S(Comm.Div.).No.23 of 2022
                                          and A.Nos.452 & 453 of 2023


               Veranda Race Learning Solutions Private Limited,
               Rep by its Director, Mr.R.Rangarajan,
               Old No.54, New No.34, Tirumalai Pillai Road,
               T.Nagar, Chennai – 600 017.                                    ...Plaintiff


                                                     Vs.

               1. M/s.Trichy Race Academy,
                 Represented by its Partner
                 Mr.Sathish Kumar,
                 No.43 A/2, Second Floor,
                 Juman Center, Opposite BSNL Head Office,
                 Promenade Road,
                 Cantonment, Trichy – 620001

               2. Mr.Sathish Kumar                                         ... Defendants



               PRAYER: This Civil Suit is filed under Order IV Rule 1 of O.S. Rules, 1956
               read with under Order VII Rule 1 of Civil Procedure Code, 1908 read with


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                                                                                C.S.No.23 of 2022

               Section 28, 29, 134 and 135 of the Trade Marks Act 1999; praying to pass the
               judgment and decree:-




                         a) Grant a Permanent Injunction restraining the Defendants, their men,
               agents, or persons acting on their behalf, from in any manner infringing the
               Plaintiff's right in trademark bearing No.3604877 in respect of its business
               under the name 'Chennai Race Coaching Private Limited' & logo by running
               a competitive exam coaching institute with identical name or in any manner
               similar name and logo to that of the plaintiff.
                         b) Grant a Permanent Injunction restraining the Defendants, their men,
               agents and servants from in any manner Passing off its business as that of the
               Plaintiff's by using the name 'Chennai Race Coaching Private Limited' &
               logo with or without a similar logo, by any other identical name or
               deceptively similar name as that of the Plaintiff in its registered mark bearing
               No.3604877 or any of the other names and logos for which registration has
               been applied for by the Plaintiff.
                         c) Direct the Defendant to render accounts of profit made by the use of
               the deceptively similar trademark/tradename 'Trichy Race Academy'
               amounting to infringement of the registered trademark and/or passing off and
               pay the same to the plaintiff;
                         d) Direct the Defendant to surrender to the plaintiff for destruction,
               name boards, invoices/bills, advertising material and all material with the


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                                                                                    C.S.No.23 of 2022

               Defendant containing the trademark “Trichy Race Academy” ;
                         e)       Direct   the     Defendant   to   take     down   the    webpage
               https://www.trichyraceacademy.com/ and all videos in youtube which contain
               the mark 'Trichy Race Academy'.
                         f) Direct the Defendant to pay the costs of the suit.
                         g) Pass such further or other reliefs as this Court may deem firt and
               proper in the circumstances of the case

                                   For Plaintiff      :   Mr.K.Harishankar
                                   For Defendants     :   Mr.A.K.Rajaraman


                                                      JUDGMENT

Both the learned counsel for the plaintiff and the defendants filed the

Joint Compromise Memo dated 10.04.2023, signed by the parties both the

plaintiff, the first and second defendants.

2. As per the terms of the Joint Compromise Memo, the defendants

submit to the decree in respect of the suit prayer A and B. The plaintiff

agrees to give up the suit prayers C to G. The Joint Compromise Memo dated

10.04.2023 is recorded and the suit is disposed of in terms of said Joint

Compromise Memo.

https://www.mhc.tn.gov.in/judis C.S.No.23 of 2022

3. The suit is decreed in respect of plaint prayer A and B as prayed for

and the suit is dismissed in respect of plaint prayer C to G. The Joint

Compromise Memo shall part of the decree. No costs. Consequently,