Madras High Court
Aqua Pump Industries vs Majestic Pride Industry on 5 January, 2024
Author: Abdul Quddhose
Bench: Abdul Quddhose
C.S. (Comm. Div.) No.285 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2024
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S. (Comm. Div.) No.285 of 2023
and
O.A. No.998 and 999 of 2023
and
A. 6223 of 2023
1. Aqua Pump Industries
Rep. by its Managing Partner
Mr.Ramaswamy Kumaravelu
2. Aqua Sub Engineering
Rep. by its Managing Partner
Mr.Ramaswamy Kumaravelu .... Plaintiffs
Vs
Majestic Pride Industry,
Rajkot,
Gujarat – 384 002. ... Defendant
Prayer : PLAINT FILED UNDER ORDER IV RULE 1 O.S.
RULES AND ORDER VII, RULE 1 OF THE C.P.C. READ WITH
SEC. 27, 134 & 135 OF THE TRADE MARKS ACT 1999 to grant a
judgment and decree on the following terms :
a) granting a permanent injunction, restraining the Defendant, by itself,
their servants, agents, distributors, or anyone claiming through them from
manufacturing, selling, advertising and offering for sale using the Trade
Mark TEXMO as such or prefix or suffix in any Electric Motors, pumps
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and Agriculture Machines, etc. included in Class 7 or in any other goods
manufactured and sold by the Defendant or its trading style or in any
media and use the same in invoices, letter heads and visiting cards or by
using any other trade mark which is in any way visually, or phonetically
identical or deceptively similar to the Plaintiffs registered Trade Mark
TEXMO or in any manner infringing the Plaintiffs Registered Trade
Mark Nos. 315049 (SP-I), (SP-II) & 315050 (SP-I), (SP-II) renumbered
as 2702778, 2702779, 2702780 & 2702781 respectively and other
registrations in para 8 of the plaint.
b] granting a permanent injunction, restraining the Defendant, by itself,
their servants, agents, distributors, or anyone claiming through them from
manufacturing, selling, advertising and offering for sale using the Trade
Mark TEXMO as such or with prefix or suffix in any Electric Motors,
pumps and Agriculture Machines, etc. included in Class 7 or in any other
goods manufactured and sold by the Defendant and its trading style or in
any media and use the same in invoices, letter heads and visiting cards or
by using any other trade mark which is in any way visually, or
phonetically identical or deceptively similar to the Plaintiffs Trade Mark
TEXMO or in any manner pass off the Plaintiffs' goods.
c) directing the Defendant to surrender to the Plaintiffs all the goods,
packing materials, cartons, advertisement materials and hoardings, letter-
heads, visiting cards, office stationery and all other materials
containing/bearing the Trade Mark TEXMO or other deceptively similar
mark to the Plaintiffs' Trademark TEXMO,
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C.S. (Comm. Div.) No.285 of 2023
d) directing the Defendant to render an account of profits made by them
by the use of the impugned trademark TEXMO on the goods Electric
Motors, pumps and Agriculture Machines, etc. Included in Class 7 and
decree the suit for the profits found to have been made by the Defendant,
after the Defendant has rendered account and
e) directing the Defendant to pay to the Plaintiffs the costs of the suit
For Plaintiff : MS. Gladys Daniel
JUDGEMENT
Both the parties have arrived at a settlement. The settlement terms
which is recorded in the Memorandum of Compromise between the
plaintiffs and the defendant, which is dated 13.12.2023 is placed on
record. However, the said Memorandum of Compromise has been signed
only by the defendant and their counsel, but has not been signed by the
plaintiffs. It has been signed by the learned counsel for the plaintiffs
alone. The learned counsel for the plaintiffs also submits that on
instructions that the plaintiffs are agreeable to the terms of settlement as
found in the Memorandum of Compromise, dated 13.12.2023 which has
been signed by the defendant and its counsel. However, she would
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C.S. (Comm. Div.) No.285 of 2023
submit that since the plaintiffs representative is at Coimbatore, she could
not get the signature today itself. However, she has no objection, if the
terms of the settlement are recorded in this Court's judgment and a decree
be passed in terms thereof. Accordingly, the Memorandum of
Compromise, dated 13.12.2023 which is placed on record, today is
incorporated in this Court's judgment and it reads as follows :-
...........
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C.S. (Comm. Div.) No.285 of 2023
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C.S. (Comm. Div.) No.285 of 2023
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C.S. (Comm. Div.) No.285 of 2023
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C.S. (Comm. Div.) No.285 of 2023
2. In terms of the above settlement this suit is decreed. Consequently
connected applications are closed.
05.01.2024
Index: Yes/ No
Speaking order / Non speaking order
Neutral citation : Yes / No
vsi2
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C.S. (Comm. Div.) No.285 of 2023
ABDUL QUDDHOSE, J.
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C.S. (Comm. Div.) No.285 of 2023
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