Madras High Court
Sun Pharmaceutical Industries ... vs Zenacts Pharma Pvt. Ltd on 14 June, 2023
C.S.No.105 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023
CORAM:
THE HONOURABLE Mr. JUSTICE S.SOUNTHAR
C.S(Comm. Div.)No.105 of 2023
and O.A.Nos.402 and 404 of 2023
A.Nos.2579 & 2580 of 2023
Sun Pharmaceutical Industries Limited,
CD Plot No.3, Door No.8,
Old Tower Block Street, Nandhanam Extension,
Chennai – 600 035. ...Plaintiff
Vs.
1.Zenacts Pharma Pvt. Ltd.,
SCF-434, 2nd Floor, Motor Market,
Manimajra, Chandigarh – 160 101
and also at
Plot No. 198, Basement & 1st Floor,
Ind. Area Phase 2, Panchkula,
Haryana – 134 113.
2.Tanishka Pharmaceuticals Pvt. Ltd.
Vill. Nandpur, Kharuni - Lodhi Majra Road,
Post office Lodhi Majra, Baddi Teh,
Nalagarh, Solan, Himachal Pradesh – 174 101 ... Defendants
PRAYER: This Civil Suit is filed under Order IV Rule 1 of O.S. Rules, 1956
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C.S.No.105 of 2023
read with Order VII Rule 1 of Civil Procedure Code, 1908 as amended by
Commercial Courts, Act 2015 along with Sections 27, 28, 29, 134 and 135 of
the Trade Marks Act, 1999; praying to pass the judgment and decree:-
(a) A permanent injunction restraining the Defendants, their men,
servants, agents, distributors, stockists, retailers, subsidiaries, legal
representatives, job-workers, manufacturers, packers, export / import agents
or any other person claiming under them from in any manner infringing the
plaintiff's registered trademark CEROXIM through the use of CIROXIME
and/or any other mark or marks that are in anyway identical with and/or
deceptively similar to that Plaintiff's said registered trademark CEROXIM,
either by manufacturing or selling or distributing or exporting or importing or
offering for sale or stocking or importing or exporting or advertising, either
online or offline, or in any other manner whatsoever;
(b) A permanent injunction restraining the Defendants, their men,
servants, agents, distributors, stockists, retailers, subsidiaries, legal
representatives, job-workers, manufacturers, packers, export / import agents
or any other person claiming under them from in any manner manufacturing,
selling, offering for sale, stocking, distributing, importing, exporting
advertising, either online or offline, or in any manner directly or indirectly
dealing in any product under the trademark CIROXIME either by itself or as
a prefix or suffix, or any other trademark that is identical with and/or
deceptively similar to that Plaintiff's prior adopted trademark CEROXIM, so
as to pass off the Defendant's products as and for the products of the plaintiff;
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C.S.No.105 of 2023
(c)Directing the Defendants to render a true and faithful accounts of the
profits earned by them through the sale or advertisement of products under
the impugned mark CIROXIME, either by itself or as a prefix or suffix, and
direct payment of such profits to the plaintiff for the acts of infringement and
passing off committed by the defendants;
(d) Directing the defendants to surrender to the plaintiff the entire stock
of labels, containers, boxes, canisters, packaging materials, printed materials,
promotional materials, stationery, including dyes, blocks, screen prints and
other materials bearing the impugned mark CIROXIME, either by itself or as
a prefix or suffix, or any other mark(s) that are in any manner similar to the
plaintiff's trademark CEROXIM, for destruction in presence of the plaintiff's
representative;
(e) Directing the Defendants to pay to the Plaintiff the cost of the suit;
(f) Pass such further order or orders as may be deemed fit and proper
to the circumstances of the case;
For Plaintiff : Mr.Rajesh Ramanathan
For Defendants1 & 2 : Mr.M.G.S.Raja Rajan
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C.S.No.105 of 2023
JUDGMENT
Both the learned counsel for the plaintiff and the defendants filed the
Joint Compromise Memo dated 06.06.2023 and 10.06.2023, whereunder
they have settled the dispute in the suit out of the Court.
2. On behalf of the plaintiff, the Joint Compromise Memo is signed by
its Constituted Attorney Mrs.Radha Kumar. On behalf of the first defendant,
the Joint Compromise Memo is signed by Mr.Pankaj Kapoor, Managing
Director of the first defendant. On behalf of the second defendant, the Joint
Compromise Memo is signed by its Managing Director, Mr.Rohtas Sharma. It
is also submitted by the learned counsel for the plaintiff that the Joint
Compromise Memo was signed by the defendants at Panchkula, Haryana on
06.06.2023 and the same was signed by the plaintiff at Chennai on
10.06.2023.
3. The Joint Compromise Memo is counter signed by the learned
counsel for the plaintiff and the defendants identifying the respective parties.
Therefore, this Court is inclined to record the above Joint Compromise Memo.
Accordingly, there shall be a judgment and decree in terms of Joint
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C.S.No.105 of 2023
Compromise Memo dated 06.06.2023 and 10.06.2023. The Joint
Compromise Memo shall form part of the decree. No costs. Consequently,
connected applications are closed.
14.06.2023
nti
Index:Yes/No
Speaking Order: Yes/No
S.SOUNTHAR, J.
https://www.mhc.tn.gov.in/judis
C.S.No.105 of 2023
nti
C.S(Comm. Div.)No.105 of 2023
and
O.A.Nos.402 and 404 of 2023
A.Nos.2579 & 2580 of 2023
14.06.2023
https://www.mhc.tn.gov.in/judis
