Madras High Court
M/S. Nouveau Medicament (P) Ltd vs Innovative Healthcare on 11 July, 2023
C.S.No.242 OF 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.S.(Comm.Div).No.242 of 2022
&
O.A.Nos.777 & 778 of 2022
& A.Nos.5667 & 5668 of 2022
M/s. Nouveau Medicament (P) Ltd,
Rep. By its Director & Authorised Signatory,
Mr.S.Raamganesh
No.720, Annasalai, Nandanam,
Chennai – 600035
Tamil Nadu ...Plaintiff
Vs.
1.Innovative Healthcare
A Unit of B & J Life Sciences Private Ltd.
Plot No.2131, MIE Part B,
Bahadurgarh, Haryana 124507.
2.Alencure Biotech Pvt. Ltd.
Nagal Suketi Road, Kala Amb,
District- Sirmour, Himachal Pradesh – 173030.
...Defendants
PRAYER: Plaint is filed under under Order VII Rule 1 C.P.C. read with
Order IV Rule 1 of Original Side Rules and Sections 27, 28, 29, 134 & 135
of the Trademarks Act, 1999, praying for:-
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C.S.No.242 OF 2022
a. Permanent injunction restraining the Defendants by themselves,
their directors, partners, men, servants, agents, associates, officers,
representatives, francisees, licencees, and all other persons acting on their
behalf for in any manner infringing or enabling others to infringe the
plaintiff's registered trade mark "Arg-9" in Class 5, bearing no. 2645507
including by way of manufacturing, applying on, use, advertisement, sale,
offering for sale, exposing for sale of, its products/ services bearing the
trademark "Arge-9" or any other mark deceptively similar to the Plaintiffs
mark "Arg-9";
b. Permanent injunction restraining the defendants by themselves.
their directors, partners, men, servants, agents, associates, officers,
representatives, franchisees, licensees, and/or all other persons acting on
their behalf for in any manner passing off their products as that of the
Plaintiffs by using the mark "Arge-9" or any other mark deceptively similar
to the Plaintiffs registered trade mark "Arg-9"
c. A direction to the defendants to deliver and surrender to the
Plaintiff, for the purpose of destruction all soft copies, master copies,
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C.S.No.242 OF 2022
wrappers, labels, packaging materials, brochures, pamphlets, and any other
business papers of whatsoever nature, which bears, in any form whatsoever,
any mark that is deceptively similar to the mark of the plaintiff "Arg-9"
including the mark "Arge-9.
d. Grant a preliminary decree directing the Defendants to render
accounts of its profits from the sale of the products carrying the mark "Arge-
9";
e. Costs of this suit;
f. Such other or further orders as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the present case and thus render
justice.
For Plaintiff : M/s.Vivek Menon
For Defendant : M/s.Vipin Rohatgi [D.1]
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C.S.No.242 OF 2022
JUDGMENT
st
The plaintiff and the 1 defendants have entered into a compromise
which has been reduced into writing in a Memorandum of Compromise
dated 07.06.2023. The Memorandum of Compromise is signed by the
learned counsel for the plaintiff and the 1st defendant. The signatory on
behalf of M/s.Innovative Healthcare, Mr.Vipin Rohatgi appeared thorough
Video Conferencing mode and has acknowledged that the Memorandum of
Compromise has been signed by him. The said Memorandum of
Compromise dated 07.06.2023 is taken on file.
2. Accordingly this Civil Suit is decreed in terms of the Memorandum
of Compromise dated 07.06.2023. The terms of Memorandum of
Compromise dated 07.06.2023 shall form part and parcel of this judgment
and decree. Consequently, connected applications are closed. No Costs.
11.07.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
shr
https://www.mhc.tn.gov.in/judis
C.S.No.242 OF 2022
P.T. ASHA, J,
shr
C.S.(Comm.Div).No.242 of 2022
&
O.A.Nos.777 & 778 of 2022
& A.Nos.5667 & 5668 of 2022
11.07.2023
https://www.mhc.tn.gov.in/judis
