Madras High Court
Nureca Limited vs Also At on 23 January, 2023
C.S.(Comm.Div.)No.120 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.S.(Comm.Div.)No.120 of 2022
and
O.A.Nos.345 & 346 of 2022
and
A.No.2422 of 2022
Nureca Limited,
Having its Corporate Office at
SCO 6 to 8, First Floor,
Sector 9-D, Madhya Marg,
Chandigarh - 160 009. ... Plaintiff
Vs
Trumoms Foods and Beverages LLP,
6th Floor 601, Shivalik Shilp,
Opp. Shrifal Hotel,
Iscon Cross Road, S.G.Highway,
Ahmedabad, Gujarat - 380 015.
Also at,
B 702, Shivalik Legacy,
Opposite Zodiac Aster,
Behind Ahmedabad International School,
Bodakde, Ahmedabad,
Gujarat - 380 015. ... Defendant
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https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.120 of 2022
Prayer: This Civil Suit is filed under Order VIII Rule 1 of the Code of
Civil Procedure, 1908 read with Order IV Rule 1 of the Madras High
Court Original Side Rules read with Sections 28, 29, 134 & 135 of the
Trade Marks Act, 1999 read with Section 2(1)(c)(xvii) of the
Commercial Courts Act No.4 of 2016, prayed for a Judgment and
Decree:-
a) A permanent injunction restraining the defendant, its agents,
servants, licensees, franchisees, distributors, assignees and
representatives or anyone claiming through or under them from
infringing on the plaintiff's registered trademark "TRUMOM" under
Nos.3494060, 3620011, 3325052, 3325051 and 3325050 by using the
deceptively phonetically identical and deceptively similar trademark
TRUMOMS or any other mark which is/are identical with and/or
deceptively similar to the plaintiff's trademark or in any manner
whatsoever;
b) A permanent injunction restraining the defendant, its agents,
servants, licensees, franchisees, distributors, assignees and
representatives or anyone claiming through or under them from passing
off or enabling others to pass the defendant's products as and for the
plaintiff's products under the trademark TRUMOMS by using, selling, or
offering to sell, distributing, displaying, printing, stocking, using,
advertising their products or in any other manner whatsoever;
c) Directing the defendant to render a true and faithful account
of sales made by sale of products to the customers under the impugned
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C.S.(Comm.Div.)No.120 of 2022
mark and the defendant be further ordered and directed to pay to the
plaintiff such amount as may be found due on such account being taken;
d) The defendant be ordered to pay to the plaintiff a sum of
Rs.35,00,000/- as damages for the act of infringement of Trade Mark and
passing off committed by the defendant.
e) To declare the plaintiff's "TRUMOM" mark as a well-known
Trade Mark.
f) For costs of the suit.
For Plaintiff : Mr.R.Sathish Kumar
For Defendant : Mr.P.Shiva
JUDGMENT
Today when the matter is taken up for hearing, the learned
Counsel for the plaintiff and the defendant have filed a Joint
Memorandum of Compromise recording the satisfaction of the suit claim
and the settlement of inter se dispute between the plaintiff and the
defendant.
2. The Joint Memorandum of Compromise dated 05.01.2023
had been forwarded to the Registry, in which, the Authorized
Signatory/Proprietor of the Plaintiff and the Defendant have signed. It
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.120 of 2022
has also been signed by the learned Counsel for the plaintiff and the
defendant.
3. The terms and conditions of the Joint Memorandum of
Compromise entered into between the parties are as follows:-
“a. That the defendant undertakes to this
Hon'ble Court that they would not henceforth use
TRUMOM or any other trademark identical or
deceptively similar to that of the plaintiff's trademark
TRUMOM.
b. That the defendant hereby has proposed
and undertakes that they would henceforth use the
trademark and trading style 2MOMS only in the same
style with penguin logo and 2moms written and not
the alphabet two or any other alphabetical variation of
two, and the plaintiff agrees to the same.
c. That the defendant further undertakes they
will restrict their use of the 2MOMS mark strictly to
their food business including but not limited to jams,
bakery, cafe, jellies, condiments, syrups etc.
d. That the defendant has already
commenced the process of changing their trademark,
their trading style, the name of their firm, viz.,
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C.S.(Comm.Div.)No.120 of 2022
Trumoms Foods and Beverages LLP to 2moms and
Junsei Foods and Beverages LLP and seeks a period
of 6 months for the change of the above trademark and
the name of the LLP along with other statutory
compliances and the plaintiff has consented to the
same.
e. That the defendant will taken down all of
their social media posts, marketing materials and other
promotional/advertisement materials that use
TRUMOM or any other trademark identical or
deceptively similar to that of the plaintiff's trademark
TRUMOM, effective immediately. The defendant
further undertakes to refrain from using the marks
TRUMOM or any other trademark identical or
deceptively similar to that of the plaintiff's trademark
TRUMOM in the future for any promotional or
marketing activities across social media or via
traditional channels.
f. That the parties agree that the aforesaid
processes for the change shall be duly effected before
30th April 2023 and the same shall be intimated to the
plaintiff in writing.
g. The plaintiff and the defendant pray that
the above suit may be decreed in terms of Prayers (a)
and (b) of Paragraph 36 of the plaint and the plaintiff
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C.S.(Comm.Div.)No.120 of 2022
is willing to give up the reliefs under prayers 36 (c),
36 (d) and 36 (e) of the suit in view of this
Memorandum of Compromise.
h. That the defendant states that in the event
of breach of this undertaking to this Hon'ble Court,
they are liable for punitive damages to the plaintiff in
addition to any other legal right available to the
plaintiff."
4. Since both the parties have agreed to the terms of the Joint
Memorandum of Compromise, the same is recorded and accordingly this
Civil Suit is decreed. No costs. The Joint Memorandum of Compromise
shall form part of the decree.
5. Considering the fact that the trial has not been commenced
and no issues have been framed, I am inclined to order refund of the
Court Fee in terms of Sections 65 and 69-A of the Tamil Nadu
Court-Fees and Suits Valuation Act, 1955. Registry is therefore directed
to refund the Court Fee to the Plaintiff after due adjustments, in
accordance with the relevant Rules, within a period of thirty days from
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C.S.(Comm.Div.)No.120 of 2022
the date of receipt of a copy of this order. Consequently, connected
O.A.Nos.345 & 346 of 2022 and A.No.2422 of 2022 are closed.
23.01.2023
Index : Yes / No
Internet : Yes / No
Speaking Order/Non-Speaking Order
arb
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.)No.120 of 2022
C.SARAVANAN, J.
arb
C.S.(Comm.Div.)No.120 of 2022
and
O.A.Nos.345 & 346 of 2022
and
A.No.2422 of 2022
23.01.2023
https://www.mhc.tn.gov.in/judis
