Madras High Court
Skoda Auto A.S vs Mr.Ashok Kumar on 14 June, 2023
C.S.No.49 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.49 of 2023
and O.A.Nos.174 and 175 of 2023
A.No.1305 of 2023
SKODA AUTO a.s.
tr.Vaclava Klementa 869
Mlada Boleslav II
CZ-293 01 Mlada Boleslav
Czech Republic
represented herein by its Power of Attorney Holder
Mr.Nitin Kalra
having office at Remfry House
at the Millennium Plaza
Sector 27, Gurgaon
Haryana – 122 009. ...Plaintiff
Vs.
Mr.Ashok Kumar
Sole Proprietor of M/s.Sahara Marketing
No.9, Venkatachala Mudali Street,
1st Floor, Park Town,
Chennai – 600 003.
Tamil Nadu ... Defendant
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https://www.mhc.tn.gov.in/judis
C.S.No.49 of 2023
PRAYER: This Civil Suit is filed under Order IV Rule 1 of O.S. Rules, 1956
and Order VII Rule 1 of Civil Procedure Code, 1908, Sections 27(2), 28, 29,
134 and 135 of the Trade Marks Act, 1999 and Section 7 of the Commercial
Courts, Act 2015; praying to pass the judgment and decree:-
(a) permanent/perpetual injunction against infringement of the
Plaintiff’s significantly prior, registered and well-known trade/service marks
ŠKODA, by restraining the Defendant, his promoters, directors, assigns,
relatives, successors-in-interest, licensees, franchisees, partners,
representatives, servants, distributors, employees, agents etc. or anyone
associated with him from using the marks SKODA, and/or SM SKUDA
and/or any mark identical and/or deceptively similar to the Plaintiff’s
significantly prior, registered and well-known trade/service marks ŠKODA as
a logo design, trade mark, service mark, house mark, trade name, trading
style, corporate name, website, domain name, e-mail address or otherwise in
any manner whatsoever, so as to infringe the Plaintiff’s aforesaid
trade/service marks;
b. permanent/perpetual injunction restraining the Defendant, his
promoters, directors, assigns, relatives, successors-in-interest, licensees,
franchisees, partners, representatives, servants, distributors, employees,
agents etc. or anyone associated with him from using the marks SKODA,
and/or SM SKUDA and/or any mark identical and/or deceptively similar to
the Plaintiff’s significantly prior, registered and well-known trade/service
marks/name ŠKODA in any manner whatsoever so as to pass off or enable
others to pass off their business as that of the Plaintiff or in some manner
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C.S.No.49 of 2023
convey a connection with the Plaintiff;
c. direct the Defendant, his promoters, directors, assigns, relatives,
successors-in-interest, licensees, franchisees, partners, representatives,
servants, distributors, employees, agents etc. or anyone associated with him
to deliver-up to the Plaintiff for destruction his products, entire stationery,
letterheads, signage, reprographic material, packaging, brochures, literature
or any other material for advertising, selling or marketing any goods and/or
services bearing the marks SKODA, and/or SM SKUDA and/or any mark
identical and/or deceptively similar to the Plaintiff’s significantly prior,
registered and well-known trade/service marks/name ŠKODA;
d. direct the Defendant to render a true and faithful account of the
profits made by the Defendant by using the marks SKODA, and/or SM
SKUDA and/or any mark identical and/or deceptively similar to the
Plaintiff’s significantly prior, registered and well-known trade/service
marks/name ŠKODA 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;
e. the Defendant be ordered and decreed to pay to the Plaintiff a sum of
Rs.25,00,000 as damages on account of infringement of the Plaintiff’s
significantly prior, registered and well-known trade/service marks/name
ŠKODA as well as passing off;
f. direct the Defendant to pay to the Plaintiff costs of the Suit; and
g. pass such further or other orders as this Court may deem fit and
proper thereby rendering justice to the Plaintiff.
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C.S.No.49 of 2023
For Plaintiff : Mr.Abishek Jenasenan
For Defendant : Mr.Ahsok Kumar J Daga
JUDGMENT
Both the learned counsel for the plaintiff and the defendant filed the
Joint Compromise Memo dated 08.06.2023 and requested the Court to pass a
decree in terms of Joint Compromise Memo.
2. As per the terms of Joint Compromise Memo, the defendant
submitted to the decree in respect of suit prayer (a), (b) and (c) and the
plaintiff on its part agreed to give up the prayer (d), (e) and (f) of the plaint.
3. It was averred by the defendant that within 7 days from the date of
execution of the Joint Compromise Memo, he would withdraw the trade mark
applications under Nos.5136307 and 5136208 for registration of the mark
SKUDA in Classes 6 and 7. It was further agreed by the defendant that
within two weeks from the date of execution of the Joint Compromise
Memo, he would deliver all the infringing articles to the plaintiff for
destruction.
https://www.mhc.tn.gov.in/judis
C.S.No.49 of 2023
4. The Joint Compromise Memo is signed by the Power of Attorney
of the Plaintiff Company, Mr.Nitin Kalra and the Defendant, Mr.Ashok
Kumar. The Joint Compromise Memo is counter signed by the learned
counsel for the plaintiff and the defendant identifying the parties. Therefore,
this Court is inclined to record the above Joint Compromise Memo.
Accordingly, the suit is disposed of in terms of Joint Compromise Memo
dated 08.06.2023. The Joint Compromise Memo shall part of the decree. No
costs. Consequently, connected applications are closed.
14.06.2023
nti
Index:Yes/No
Speaking Order: Yes/No
https://www.mhc.tn.gov.in/judis
C.S.No.49 of 2023
S.SOUNTHAR, J.
nti
C.S(Comm. Div.)No.49 of 2023
and
O.A.Nos.174 and 175 of 2023
A.No.1305 of 2023
14.06.2023
https://www.mhc.tn.gov.in/judis
