Madras High Court
B.Kishore Jain vs Lakshmi Gold Khazaanaa on 20 April, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.S.No.407 of 2008
B.Kishore Jain,
trading as
Khazana Jewellery,
252A, TTK Road,
Alwarpet, Chennai – 600 018.
... Plaintiff
Vs
Lakshmi Gold Khazaanaa,
Rep by its Proprietor Mr.Nanjundi,
No.475, Nanjundi Arcade,
6th Cross Sampige Main Road,
Malleswaram,
Bangalore – 560 003. ... Defendant
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Prayer: Civil Suit is filed under Order VII Rule 1 of CPC r/w Order IV
Rule of the Original Side Rules r/w sections 27, 28, 29, 134, 135 of the
Trade Marks Act, 1999, praying to:
(a) A permanent injunction restraining the defendant its proprietor or
men, agents, servants, assigns, successor-in-business, legal representatives
or anyone claiming through or under him from in any manner infringing the
plaintiff's registered trade mark KHAZANA under No.544884 in class 14
by use of Lakshmi Gold Khazaanaa as a trademark and/or as part of trade
name/trading style or by use of any other trade mark/trade name containing
the word KHAZANA or any word similar thereto or in any other manner
whatsoever;
(b) A permanent injunction restraining the defendant, its proprietor
or partners, men, agents, servants, assigns, successor-in-business, legal
representatives or anyone claiming through or under him from in any
manner infringing the plaintiff's domain name www.khazanajewellery.com
by use of identical and deceptively similar domain name
www.lgkhazanajewellery.com or any other domain name containing the
word 'KHAZAANAA' or any word similar thereto;
(c) A permanent injunction restraining the defendant, its proprietor,
partners, men, agents, servants, assigns, successor-in-business, legal
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representatives or anyone claiming through or under him from in any
manner passing off or enabling others to pass off the defendant's goods,
business, services, jewellery etc., by use of trademark and/or trade
name/trading style LAKSHMI GOLD KHAZAANAA and domain name
www.lgkhazaanaa.com which is deceptively similar to plaintiff's well
established trademark/trade name khazana jewellery and domain name
www.khazanajewellery.com or in any manner whatsoever;
(d) The defendant he directed to surrender to the plaintiff all name
boards, stationery, labels, dyes, screen prints, packing materials, pouches,
bags, advertising material etc., containing the trademark LAKSHMI GOLD
KHAZAANAA and domain name www.lgkhazaanaa.com which is
deceptively similar to the plaintiff's trademark/trade name KHAZANA and
domain name www.khazanajewellery.com;
(e) a preliminary decree be passed in favour of the plaintiff directing
the defendant to render account of profits made by use of trademark
LAKSHMI GOLD KHAZAANAA 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;
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(f) The defendant be directed to pay to the plaintiff a sum of
Rs.10,05,000/- as damages for acts of infringement of trade mark/trade
name/domain name and passing off;
(g) for costs of the suit; and
(h) Pass such further or other reliefs as this Court may deem fit and
necessary in the circumstances of the case and thereby render justice.
For Plaintiff :Ms.Chandini Pradeep Kumar
for M/s.Arun C.Mohan
For Defendant :M/s.K.Hariharan
JUDGMENT
The learned counsel for the plaintiff and defendant filed a joint
compromise memo dated 20.04.2023 and requested this Court to pass a
decree in terms of the compromise memo.
2. Recording the compromise memo dated 20.04.2023, the suit is
disposed of in terms of the compromise. The compromise memo dated
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20.04.2023 signed by the plaintiff and defendant and co-signed by the
counsel for the respective parties shall form part of the decree.
3. The defendant also filed an undertaking affidavit dated 11.04.2023
and the same is also recorded.
4. Accordingly, this Civil Suit is disposed of. There shall be no order
as to costs.
20.04.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
ub
S.SOUNTHAR,J.
ub
https://www.mhc.tn.gov.in/judis
CS (Comm Div) No.407 of 2008
20.04.2023
https://www.mhc.tn.gov.in/judis
