Madras High Court
N.Ranga Rao & Sons Pvt. Ltd vs S.Murugan on 12 July, 2023
C.S.(Comm.Div.).No.91 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2023
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.S.(Comm.Div).No.91 of 2023
and
O.A.Nos.341 & 342 of 2023
& A.No.2357 of 2023
N.Ranga Rao & Sons Pvt. Ltd.
PB No.52, Vani Vilas Road, Mysore-570004
and also at
T.S. - 109, Block, No.3, Poomagal,
5th Street, Eddaduthangal, Chennai – 600097.
...Plaintiff
Vs.
S.Murugan
trading as Sundaraj Match Works,
2/109, Sivasanguptti, Eleyirampannai,
Virudhunagar – 626201.
and also at
D.No.2/110, Sivasangupatti, Eleyirampannai,
Sattur, Taluk, Virudhunagar – 626201.
...Defendant
PRAYER: Plaint is filed under under Order IV Rule 1 of the O.S Rules.
read with Order VII Rule 1 of CPC, 1908 as amended by Commercial
Courts Act, 2015 along with Sections 27, 28 and 29, 134, and 135 of
Trademarks Act, 1999, praying to pass the judgment and decree:-
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https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.).No.91 of 2023
a. Granting a permanent injunction restraining the Defendant by
themselves, their men, servants, agents or anyone claiming through or under
them from in any manner infringing the Plaintiff's registered trademarks
CYCLE and the device of 'Cycle' through use of the mark(s) CYCLE and/or
the device of 'Cycle' or any other mark or marks that are in anyway identical
or deceptively similar to the Plaintiff's registered trademarks CYCLE and
the device of 'Cycle', by manufacturing or selling or offering for sale or
exporting or offering to export or advertising, either online or offline or in
any other manner whatsoever;
b. Granting a permanent injunction restraining the Defendant by
themselves, their men, servants, agents or anyone claiming through or under
them from in any manner passing off their products, under the trademark(s)
CYCLE and/or the device of 'Cycle' or any other mark or marks that are in
anyway identical, deceptively similar to the Plaintiff's prior adopted
trademarks CYCLE and the device of 'Cycle', by manufacturing or selling
or offering for sale or exporting or offering to export or advertising, either
online or offline or in any other manner whatsoever:
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C.S.(Comm.Div.).No.91 of 2023
c. Directing the Defendant to render a true and faithful accounts of
the profits earned by the Defendant through sale or export of products
bearing the trademark(s) CYCLE and / or the device of 'Cycle' and direct
payment of such profits to the Plaintiff for the acts of infringement and
passing off committed by the Defendant;
d. Directing the Defendant to surrender to the Plaintiff of all the
goods, including the entire stock of unused offending labels, bearing the
trademark(s) CYCLE and / or the device of 'Cycle' along with the blocks,
dyes, or plates for destruction;
e. Directing the Defendant to pay to the Plaintiff the cost of the suit;
and
f. Pass such further order or orders as may be deemed fit and proper
to the circumstances of the case. .
For Plaintiff : M/s.Rajesh Ramanathan
For Defendant : M/s.R.Sathish Kumar
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C.S.(Comm.Div.).No.91 of 2023
JUDGMENT
The plaintiff and the defendant have entered into a compromise which
has been reduced into writing in a Memorandum of Compromise dated
30.06.2023. The Memorandum of Compromise is signed by the plaintiff and
the defendant and also by their respective counsels. The said Memorandum
of Compromise dated 30.06.2023 is taken on file.
2. Accordingly this Civil Suit is decreed in terms of the
Memorandum of Compromise dated 30.06.2023. The terms of
Memorandum of Compromise signed by the plaintiff and the defendant
shall form part and parcel of this judgment and decree. Consequently,
connected applications are closed. No Costs.
12.07.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation : Yes/No
shr
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.).No.91 of 2023
P.T. ASHA, J,
shr
C.S.(Comm.Div).No.91 of 2023
and
O.A.Nos.341 & 342 of 2023
& A.No.2357 of 2023
12.07.2023
https://www.mhc.tn.gov.in/judis
