Madras High Court
Rajam Industries Private Ltd vs Lakshmi Industries on 2 August, 2023
C.S.No.460 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.No.460 of 2017
Rajam Industries Private Ltd
2/146 , Mount Poonamallee Road,
Kattupakkam, Chennai - 600 056
and having its Administrative Office at
No.14, Azeez Nagar, 2nd Street,
Kodambakkam, Chennai - 600 024. ... Plaintiff
-vs-
Lakshmi Industries
No.512, Chennai Bye Pass Road,
Pappanpattu Village ,Near Tollgate,
Panayapuram post ,Vikravandi(Taluk) ,
Villupuram District-605 652 . ... Defendant
PRAYER: Plaint filed under Order IV Rule 1 O.S.Rules Read With
Order VII Rule 1 of CPC Along with Sections 27, 28 and 29, 134 and
135 of the Trademarks Act, 1999 and Sections 51, 55 and 62 of the
Copyright Act, 1957, pleased to
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C.S.No.460 of 2017
(a) Granting Permanent Injunction restraining the Defendant,
their men, Servants , agents, Directors , Proprietors, managers,
distributors, wholesalers, retailers, licensees, representatives or any
one claiming through it from in any manner infringing the Plaintiff's
registered Trade Mark "OORVASI" (device), wherein the mark
OORVASI is prominent and distinctive element ,by using the
identical and offending trade mark "OORMIKA" or any other mark
or marks which are in anyway identical with and /or deceptively
similar to and / or a colorable imitation of the plaintiff's registered
Trademark, by manufacturing or selling or advertising or using the
same in any other manner whatsoever;
(b) Granting permanent injunction restraining the Defendant,
their men, servants, agents, directors, proprietors, managers,
distributors, wholesalers, retailers, licensees, representatives or any
one claiming through it from in any manner infringing the Plaintiff's
copyright in the artistic work in OORVASI labels as found in
Annexure A to the plaint by using the offending OORMIKA label as
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C.S.No.460 of 2017
found in Annexure B to the plaint or any other artistic work, which is
in anyway identical with and / or deceptively similar to and / or a
colorable imitation of the Plaintiff's artistic work, by manufacturing
or selling or offering for sale or advertising or using the same in any
other manner whatsoever;
(c) Granting permanent injunction restraining the Defendant,
their men, servants, agents, directors, proprietors, managers,
distributors, wholesalers, retailers, licensees, representatives or any
one claiming through it from in any manner passing off its products
under the offending Trademark "OORMIKA" and a almost identical
/ deceptively similar packaging label as and for the Plaintiff's
products under the prior adopted trademark "OORVASI" and prior
adopted and continuously used OORVASI packaging label and / or
in any other manner whatsoever;
(d) Directing the Defendant to render a true and faithful
account of the profits earned by the Defendant through the sale of its
products, including the products bearing the offending Trademark
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C.S.No.460 of 2017
"OORMIKA" and its imitative packaging label and direct payment of
such profits to the Plaintiff for the acts of infringement and passing
off committed by the Defendant;
(e) Directing the Defendant to surrender to the Plaintiff for
destruction, the entire stock of unused offending labels along with
prints, dies, blocks, moulds, plates, screen prints, packing and
advertising material bearing the offending Trademark "OORMIKA"
and the imitative packaging label.
(f) Directing the Defendant to pay to the Plaintiff the cost of the
suit.
For Plaintiff : Mr.Rajesh Ramanathan
For Defendant : Mr.K.K.Senthil, Senior Advocate
for M/s.Gnanadesekan Law Associates
**********
JUDGMENT
The suit was filed seeking relief in respect of alleged
infringement and passing off in relation to the plaintiff's registered
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C.S.No.460 of 2017
Trademark "OORVASI" by use of the impugned mark "OORMIKA"
or any mark deceptively similar thereto.
2. At the hearing on 11.07.2023, learned senior counsel for the
defendant submitted that the defendant discontinued operations in
the wake of the Covid - 19 pandemic and stopped using the mark
"OORMIKA". It was further submitted that an affidavit containing
requisite undertakings would be filed. Such affidavit was filed
today.
3. In the affidavit, the defendant has stated and undertaken as
under:
"3. It is respectively submitted that due to
Covid - 19 pandemic and due to the financial
condition, the defendant Industry, namely
Lakshmi Industries No.512, Chennai Bye Pass
Road, Pappanpattu Village, Near Tollgate,
Panayapuram Post, Vikravandi Taluk,
Villupuram District - 605 652, was not in
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C.S.No.460 of 2017
operation. Further the machinery and
equipment's which are all used for manufacturing
activities of OORMIKA brand, detergent cake &
powder were already sold.
4. It is respectively submitted that the
defendant namely Lakshmi Industries is already
closed and we undertake that we will not
manufacture OORMIKA brand, detergent cake &
powder at any cost in future and we further
undertake that we will not use their label in the
name of OORMIKA or any other similar names,
for the above purpose.
5. It is respectively submitted that on
10.07.2023 this defendant-initiated proceedings
for cancellation of the Trade Mark registration for
the Trade Mark name of OORMIKA bearing
Registered No.3461998 dated 02.08.2016.
6. It is respectively submitted that this
defendant once again undertake that the defendant
will not use the OORMIKA brand or any other
similar brand for the manufacturing of detergent
cake & powder at any circumstances."
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C.S.No.460 of 2017
4. In view of the said undertakings, no adjudication is
necessary and the suit may be decreed in terms thereof. Accordingly,
C.S.No.460 of 2017 is decreed in terms of undertakings set out above
and contained in the affidavit dated 22.07.2023, which was affirmed
by Mr.K.Babu, Partner of the defendant. The said affidavit shall form
an integral part of the decree. In the circumstances, the parties shall
bear their respective costs.
02.08.2023
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Index : Yes / No
Internet : Yes / No
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C.S.No.460 of 2017
SENTHILKUMAR RAMAMOORTHY,J
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C.S.No.460 of 2017
02.08.2023
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