Madras High Court
M/S. Kamachi Industries Limited vs M/S.Kamachi Steels Private Limited on 1 October, 2024
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div.) No.151 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2024
CORAM:
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.151 of 2024
and
O.A.Nos.581 & 582 of 2024
and
A.Nos.4241, 4242, 4244 & 4462 of 2024
M/s. Kamachi Industries Limited,
Having its registered Office at ABC Trade Centre Old No.50,
(New No.39), 3rd Floor, Anna Salai,
Chennai, Tamil Nadu – 600 002. ... Plaintiff
Versus
1.M/s.Kamachi Steels Private Limited,
Having its registered office at No.644, T.H. Road,
Tondiarpet, Chennai – 600 081.
2.Mr. Sardarmal Kothari
3.Mr. Vijay Kothari
4.Aadhya Trademarkes LLP,
Having its registered office at No.23/10, Gandhi Nagar,
1st Street, Sathangadu, Thiruvottiyur, Chennai,
Tamil Nadu, India – 600 019.
5.M/s. Goyal Ispat Private Limited,
Having its registered office at No.664, T.H.Road, Tondiarpet,
Chennai-600 081. ... Defendants
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https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.151 of 2024
Prayer : Plaint filed under Order IV Rule I of the Original Side
Rules, 1956 read with Order 7 Rule 1 of the Code of Civil Procedure, and
Sections 2(1)(C)(XVII) & 7 of the Commercial Courts Act, 2015 r/w
Section 11, 29, 134, 135 of the Trade Marks Act, 1999. The plaintiff
prayed the following prayers:-
(a) declaration that the use of Defendant’s Trademark bearing no.
4713223 (“Kamatchi TMT- with device of the Elephant”) and 4631140
(“Kamachi Power”) are deceptively similar or phonetically identical to that
of Plaintiff’s Trademark bearing no. 2529819 which is in prior use for
production of TMT bars, and are thus invalid;
(b) perpetual injunction restraining the Defendants, their men,
servants, agents, assigns, subsidiaries or any anyone claiming through or
under them or acting under their directions from in any manner
manufacturing, selling, offering for sale, stocking, advertising, exporting,
importing either directly and/or indirectly any goods and in particular any
TMT bars, steel masts, steel pipes, steel buildings, steel sheets, steel
stripes, steel wires, and steel tubes using the Plaintiff’s Trademark filed as
Plaint Document No. 5, either per se or in combination with any other
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C.S.(Comm.Div.) No.151 of 2024
mark either in English or any other language which is identical with or
deceptively similar to the Plaintiff’s Trademark filed as Plaint Document
No. 5 including by way of the usage of Defendant’s Trademark No.1 filed
Plaint Document No.6 and Defendant’s Trademark No.2 filed Plaint
Document No.7 as so as to pass off the Plaintiff’s Trademark or Plaintiff’s
products or in any other manner whatsoever connected with the Plaintiff;
(c) perpetual injunction restraining the Respondents, their men,
servants, agents, assigns, subsidiaries or any anyone claiming through or
under them or acting under their directions from in any manner
manufacturing, selling, offering for sale, stocking, advertising, exporting,
importing either directly and/or indirectly any goods and in particular any
TMT bars, steel masts, steel pipes, steel buildings, steel sheets, steel
stripes, steel wires, and steel tubes using the Applicant’s Trademark filed
as Plaint Document No.5, either per se or in combination with any other
mark either in English or any other language which is identical with or
deceptively similar to the Applicant’s Trademark filed as Plaint Document
No.5 including by way of the usage of Respondent’s Trademark No.1 filed
Plaint Document No.6 and Respondent’s Trademark No.2 filed Plaint
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C.S.(Comm.Div.) No.151 of 2024
Document No.7 so as to infringe the Plaintiff’s Trademark or Plaintiff’s
products or in any other manner whatsoever connected with the Plaintiff;
(d) pass an order directing the Defendants, more specifically,
Defendant No.1 and Defendant No.5 to deliver all the embossing dyes,
moulds, packaging materials, stickers, flyers and any other material
pertaining to the Plaintiff’s Trademark to the Plaintiff;
(e) The defendants be ordered and decreed to pay to the Plaintiff a
sum of Rs.25,00,000/- (Rupees Twenty-Five Lakhs only) as special
damages for their illegal and unlawful acts including acts of passing off
and infringement of trademark committed by them;
(f) for costs of the suit.
For Plaintiff : Ms. Madhupreetha Elango
For Defendants : Mr. K. Harishankar,
for M/s. Sudhir Ravindran (for D1 to D3)
: No Appearance (for D4 & D5)
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C.S.(Comm.Div.) No.151 of 2024
JUDGMENT
Pursuant to negotiations, the parties have agreed on the terms of
settlement. Both learned counsel for the plaintiff and learned counsel for
the defendants 1 to 3 have indicated the terms of settlement.
2. The following are the terms of settlement agreed to by the
parties:-
“1. Defendant Nos. 1 to 3 will cease to use the
names "Kamachi" and "Kamatchi" or any other
trademark(s) that is identical and/ or deceptively
similar to "Kamachi or Kamatchi" (including logos
incorporating "Kamachi" or "Kamatchi") for any of
its products or services.
2. Defendant Nos.1 to 3 shall take steps for
cancellation of the trademarks in dispute (TM No.
4713223 and 4631140) in a time-bound manner.
3. Defendant Nos.1 to 3 will be provided a
period of three months to transition to a new brand
name and logo for its products. However, during the
transition period, no manufacturing, trading or sale
of products under the trademarks i.e., "Kamachi
Power", or "Kamatchi TMT - with device of elephant"
or any other trademark(s) that is identical and/or
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C.S.(Comm.Div.) No.151 of 2024
deceptively similar to "Kamachi or Kamatchi"
(including logos incorporating Kamachi or
Kamatchi) shall be undertaken by Defendant Nos. I
to 3, except as stated in Paragraph 4 below.
4. Defendant Nos.1 to 3 shall be permitted to
liquidate only those stocks which have already been
produced (i.e., 552.815 MT of TMT bars already
produced) bearing the trademark "Kamatchi" during
this transition period that shall be of three months.
Defendant Nos. 1 to 3 shall not indulge in further
trading, selling or manufacturing of any product or
services under the trademarks i.e., "Kamachi Power"
or "Kamatchi TMT-with device of elephant" or any
other trademark(s) that is identical and/or
deceptively similar to "Kamachi or Kamatchi"
(including logos incorporating Kamachi or
Kamatchi).
5. Defendant Nos. 1 to 3 shall disclose the
details of the existing orders standing against the
already produced TMT bars and file the said details
in the registry of the Hon'ble Court.
6. Defendant Nos. 1 to 3 hereby undertake that
the disputed trademarks have not already been
assigned to another entity, including Defendant No.
4, and such trademarks shall not be assigned to any
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C.S.(Comm.Div.) No.151 of 2024
other entity in future in any manner whatsoever.”
3. In view of the fact that the parties have settled the dispute out of
the Court on the above terms, Registry is directed to refund the Court fee
to the plaintiff.
4. Accordingly, C.S.(Comm.Div.) No.151 of 2024 is dismissed as
settled out of Court without any order as to costs. Consequently, all the
connected applications are also closed.
01.10.2024
Index : Yes
Speaking Order : Yes
Neutral Case Citation : No
klt
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.151 of 2024
SENTHILKUMAR RAMAMOORTHY,J
klt
C.S.(Comm.Div.) No.151 of 2024
and
O.A.Nos.581 & 582 of 2024
and
A.Nos.4241, 4242, 4244 & 4462 of 2024
01.10.2024
https://www.mhc.tn.gov.in/judis
