Madras High Court
Hatsun Agro Products Ltd vs M/S.Pohieer Dairy Private Limited on 19 February, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div.) No.149 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.149 of 2024
and O.A.Nos.577 & 578 of 2024
and A.Nos.4196 & 4197 of 2024
Hatsun Agro Products Ltd.,
Represented by its Authorized Signatory Mr.P.Vivek,
Having registered office at
No.41 (49), Janakiram Colony Main Road,
Janakiram Colony, Arumbakkam,
Chennai 600 106. ... Plaintiff
-vs-
M/s.Pohieer Dairy Private Limited,
Having registered office at
Plot No.3, Rajam Nagar, 1st Street,
Sunnambu Kolathur Village,
Chennai 600 117.
And also having office at
No.5, Janani Nagar,
Kundrathur,
Chennai 600 069. ... Defendant
PRAYER: Civil Suit (Commercial Division) filed under Order VII Rule 1
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C.S.(Comm.Div.) No.149 of 2024
CPC Read With Order IV Rule 1 of High Court O.S.Rules and Section 134
and 135 of the Trade Marks Act, 1999 and Section 7 of the Commercial
Courts Act, 2015, praying to grant a judgment and decree on the following
terms:-
(A) For a permanent injunction restraining the defendant, by itself, its
servants, agents, legal representatives, distributors or any one claiming
through it from in any manner infringing the Plaintiff's registered trade dress
ARUN ICECREAM CASATTA SLICE by using the impugned trade dress
or any label or device or any other deceptively similar trade dress in any
manner whatsoever causing infringement to the plaintiff's registered trade
mark/dress as described in the schedule to the plaint.
(B) For a permanent injunction restraining the defendant, by itself, its
servants, legal representatives, distributors or any one claiming through it
from in any manner whatsoever from passing off and enabling others to pass
off the defendant's business as that of the plaintiff's by using the impugned
trade dress or any label or device which is deceptively similar or identical to
the plaintiff's trade mark/dress in any manner whatsoever.
(C) For a declaration that the plaintiff's trademark “ARUN” is a well-
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C.S.(Comm.Div.) No.149 of 2024
known mark as recognized under the Trade Marks Act 1999.
(D) Directing the defendant to surrender to the plaintiff all the
products and stocks with the offending trade dress, labels, together with the
blocks, name boards, sign boards, etc., for destruction.
(E) Directing the defendant to render true and faithful accounts of the
profits earned by it through the sale of the products bearing the offending
trade dress, labels and directing payment of such profits to the plaintiff.
(F) Directing the defendant to pay to the plaintiff a sum of
Rs.3,00,000 as damages for committing acts of infringement of trade dress
and passing off.
For Plaintiff : Mr.Surya Senthil
for M/s.Surana and Surana
For Defendant : M/s.P.Muthamizh Selvakumar, R.Manimaran
**********
JUDGMENT
In a suit seeking relief in respect of alleged infringement of the
plaintiff's registered trade dress and alleged passing off, the parties have
reached a settlement. The terms of settlement have been recorded in
Memorandum of Compromise dated 05.01.2025 signed by an authorized
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.149 of 2024
signatory of the plaintiff and a Director of the defendant. The terms of
compromise include an agreement that the suit be decreed as prayed for in
paragraph 44(A) and 44(B) of the plaint. The plaintiff has agreed to give up
the claims made in paragraph 44(C) to 44(G). I see no legal impediment in
decreeing the suit in terms of the said Memorandum of Compromise.
2. Therefore, C.S.(Comm.Div.) No.149 of 2024 is partly decreed in
terms of prayers in paragraph 44(A) and 44(B) of the plaint. The
Memorandum of Compromise shall form an integral part of the decree. In
view of the settlement, the parties shall bear their own costs. Consequently,
O.A.Nos.577 and 578 of 2024 and A.Nos.4196 and 4197 of 2024 are closed.
19.02.2025
rna
Index : Yes / No
Internet : Yes / No
Neutral Citation: Yes / No
https://www.mhc.tn.gov.in/judis
C.S.(Comm.Div.) No.149 of 2024
SENTHILKUMAR RAMAMOORTHY,J
rna
C.S.(Comm.Div.) No.149 of 2024
and O.A.Nos.577 & 578 of 2024
and A.Nos.4196 & 4197 of 2024
19.02.2025
https://www.mhc.tn.gov.in/judis
