Madras High Court
Aquapump Industries vs Sunil Kumar Sharma on 20 April, 2023
C.S.(Comm.Div).No.42 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.S.(Comm.Div).No.42 of 2023
and
OA.Nos.147 & 148 of 2023
and
A.No.1195 of 2023
1.Aquapump Industries
rep.by its Managing Partner
Mr.Ramaswamy Kumaravelu
Thudiyalur Post, Coimbatore 641 034
Having their branch office at
New No.10, Old No.26
Errabalu Chetty Street, Parrys Corner
Chennai 600 001.
2.Aquasub Engineering
rep.by its Managing Partner
Mr.Ramaswamy Kumaravelu
Thudiyalur Post, Coimbatore 641 034
Having their branch office at
New No.10, Old No.26
Errabalu Chetty Street,
Parrys Corner
Chennai 600 001. ... Plaintiffs
Vs.
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https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div).No.42 of 2023
Sunil Kumar Sharma ... Defendant
Prayer: This Civil Suit is filed under Order IV Rule 1 O.S.Rules and Order
VII, Rule 1 of the Code of Civil Procedure, r/w Sections 27, 134 & 135 of the
Trade Marks Act, 1999, praying to pass the judgment and decree:-
a) granting a permanent injunction, restraining the defendant, by itself,
their servants, agents, distributors, or anyone claiming through them from
manufacuring, selling, advertising and offering for sale using the marks
AQUATECH or any other mark identical or deceptively similar to the
plaintiffs' registered Trade Marks AQUA GROUP, AQUATEX, AQUASUB,
AQUASUB ENGINEERING, AQUAPUMP & AQUAPUMP INDUSTRIES as
such mark with prefix or suffix in pumps, electric motors or any other pumps
or motors and its spares or in any other goods manufactured and sold by the
defendant or its trading style or in any media and use the same in invoices,
letter heads and visiting cards or by using any other trade mark which is in
any way visually, phonetically and deceptively similar to the plaintiffs'
registered trade marks AQUA GROUP, AQUATEX, AQUASUB, AQUASUB
ENGINEERING, AQUAPUMP & AQUAPUMP INDUSTRIES or in any
manner infringing the plaintiffs' Registered Trade Mark Nos.762990,
1285017, 1285018, 1409010, 1961986, 1961987, 1983236, 3815294,
3815295 and other AQUAEX (word) and (device) registrations, AQUA SUB
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https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div).No.42 of 2023
ENGINEERING AND AQUA PUMP INDUSTRIES AND AQUA GROUP
registrations as set out in paragraph 10 of the plaint.
b) granting a permanent injunction, restraining the defendant, by itself,
their servants, agents, distributors, or anyone claiming through them from
manufacturing, selling, advertising and offering for sale using the marks
AQUATECH or any other mark identical or deceptively similar to the
plaintiffs Trade Marks AQUA GROUP, AQUATEX, AQUASUB, AQUASUB
ENGINEERING, AQUAPUMP & AQUAPUMP INDUSTRIES as such mark
with prefix or suffix in pumps, electric motors or any other pumps and motors
and its spares or in any other goods manufactured and sold by the defendant
and its trading style or in any media and use the same in invoices, letter heads
and visiting cards or by using any other trade mark which is in any way
visually, phonetically and deceptively similar to the plaintiffs Trade Marks
AQUA GROUP, AQUATEX, AQUASUB, AQUASUB ENGINEERING,
AQUAPUMP & AQUAPUMP INDUSTRIES or in any manner pass off the
plaintiffs' goods
c) directing the defendant to surrender to the plaintiffs all the goods,
packing materials, cartons, advertising materials and hoardings, letter-heads,
visiting cards, office stationery and all other materials containing/bearing the
Trade Mark AQUATECH or other deceptively similar to the plaintiffs'
registered Trademarks AQUA GROUP, AQUATEX, AQUASUB, AQUASUB
ENGINEERING, AQUAPUMP & AQUAPUMP INDUSTRIES.
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C.S.(Comm.Div).No.42 of 2023
d) directing the defendant to render an account of profits made by them
by the use of the impugned trademarks AQUATECH on the goods, pumps and
motors and decree the suit for the profits found to have been made by the
defendant, after the defendant have rendered accounts;
e) directing the defendant to pay to the plaintiffs the costs o the suit,
and
For Plaintiffs : M/s.Gladys Daniel
For Defendant : Ms.N.Devi
ORDER
Both the learned counsel for the plaintiffs and the defendant filed
a joint compromise memo signed by the plaintiffs and the defendant dated
30.03.2023.
2. As per the terms of the compromise memo the defendant
submitted to the decree in respect of prayers (a) & (b) in the plaint. The
plaintiffs had given up the suit prayers (c ), (d) & (e). The joint memo of
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div).No.42 of 2023
compromise signed by the parties and counter signed by the respective
counsel dated 30.03.2023, is recorded.
3. Accordingly, the suit is decreed, in respect of suit prayers (a)
and (b). The suit is dismissed in respect of other prayers. The suit is disposed
of in terms of the compromise memo dated 30.03.2023.
4. The joint memo of compromise dated 30.03.2023 shall form
part of the decree. No costs. Consequently, connected Miscellaneous Petitions
are closed.
20.04.2023
Index : Yes / No
Internet : Yes / No
dna
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div).No.42 of 2023
S.SOUNTHAR , J.
dna
C.S.(Comm.Div).No.42 of 2023
and
OA.Nos.147 & 148 of 2023
and
A.No.1195 of 2023
20.04.2023
https://www.mhc.tn.gov.in/judis
