Madras High Court
M/S.Sadhana Fashion vs Mrs.Savitha K on 26 February, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div.) No.4 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.4 of 2025
and O.A.Nos.4 & 5 of 2025
and A.No.15 of 2025
M/s.Sadhana Fashion
Represented by its Partner Mr.Sumith Bhansali
New No.136, Old No.32, 1st Floor,
Audiappa Naicken Street, Sowcarpet,
Chennai, Tamil Nadu, 600 001. ... Plaintiff
-vs-
1.Mrs.Savitha K.
No.4297, 31, 1st Main Road,
Subramanyanagar, 2nd Stage, Rajaji Nagar,
Bengaluru, Karnataka 560 010.
2.M/s.Kotton Mantra
Represented by Mrs.Savitha K.
No.142, 4th Cross, Nagappa Block, Srirampuram,
Bengaluru 560 021. ... Defendants
PRAYER: Civil Suit (Commercial Division) filed under Order VII Rule 1
of Code of Civil Procedure and Order IV Rule 1 Original Side Rules Read
With Sections 28, 29, 134, 135 of the Trade Marks Act, 1999 and Section 7
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C.S.(Comm.Div.) No.4 of 2025
of the Commercial Courts Act, 2015, praying to grant a judgment and
decree on the following terms:-
(a). A permanent injunction restraining the defendants, by itself, its
lawful assignees, men, servants, agents, distributors, stockiest,
representatives or any one claiming through or under them from in any
manner infringing the plaintiff's registered trade marks 'COTTON
MANTRA' under Nos.2782554 in Class 25 and 4701801 in Class 35 by
manufacturing, marketing, using or in any other manner dealing with
Garments, clothing, fabrics, dress materials under the impugned trade mark
'KOTTON MANTRA' or in any other manner similar and identical to the
plaintiff's registered trade mark 'COTTON MANTRA';
(b) A permanent injunction restraining the defendants its lawful
assignees, men, servants, agents, distributors, stockiest, representatives or
any one claiming through or under them from in any manner passing off and
/ or enabling others to pass off the defendants products under the trade mark
'KOTTON MANTRA' as and for the plaintiff's products by manufacturing,
selling, or offering to sell, distributing, displaying, printing, stocking, using,
advertising their products with a trade mark and / or label that is identical in
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C.S.(Comm.Div.) No.4 of 2025
with that of the plaintiff's 'COTTON MANTRA' trade mark or in any other
manner similar and identical to the plaintiff's trade mark 'COTTON
MANTRA';
(c) The defendants be ordered to pay tot he plaintiff a sum of
Rs.2,00,00/- (Rupees Two lakhs only) as damages for committing acts of
infringement against plaintiff's registered trade mark and pass off its
products as and for the plaintiff's products.
(d) The defendants be ordered to surrender to the plaintiff for
destruction of all products, labels, cartons, dyes, blocks, visiting cards,
leaflets, promotional materials, moulds, screen prints, packing materials and
other materials bearing the trade mark 'KOTTON MANTRA' or any mark
deceptively similar to plaintiff's trade mark 'COTTON MANTRA';
(e) A preliminary decree be passed in favour of the plaintiff directing
the defendants to render account of profits made by use of trade mark
'KOTTON MANTRA' and a final decree be passed in favour of the plaintiff
for the amount of profits thus found to have been made by the defendants
after the latter have rendered accounts;
(f) For costs of the suit.
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C.S.(Comm.Div.) No.4 of 2025
For Plaintiff : Mr.Ashok Kumar J.Daga
For Defendants : Mr.S.Dhakshin Kumar
for M/s.P.S.Suman
**********
JUDGMENT
The suit was filed seeking relief in respect of alleged infringement of
the plaintiff's registered trade mark “COTTON MANTRA” by use of the
impugned trade mark “KOTTON MANTRA” or any mark deceptively
similar thereto.
2. Pursuant to negotiations, the parties have reached a settlement and
recorded the same in joint Memorandum of Compromise dated 26.02.2025.
The joint Memorandum of Compromise has been signed by Mr.Sumith
Bhansali, Partner of the plaintiff firm, and by K.Savitha, both in her
individual capacity and as Proprietrix of the second defendant.
https://www.mhc.tn.gov.in/judis
3. Parties have agreed and recorded that the defendant has stopped
using the impugned trade mark “KOTTON MANTRA”. Parties have
further agreed that a decree be drawn up in terms of prayers (a) and (b) of
paragraph 37 of the plaint. The plaintiff has given up the reliefs claimed in
paragraph 37 (c), (d), (f) and (g). I see no legal impediment for issuing a
decree in terms of the joint Memorandum of Compromise.
4. Therefore, C.S.(Comm.Div.) No.4 of 2025 is partly decreed in
terms of prayers (a) and (b) of paragraph 37 of the plaint. The joint
Memorandum of Compromise shall form an integral part of the decree. In
view of the settlement, there shall be no order as to costs. Consequently, the
connected applications are closed.
26.02.2025
rna
Index : Yes / No
Internet : Yes / No
Neutral Citation: Yes / No
https://www.mhc.tn.gov.in/judis
SENTHILKUMAR RAMAMOORTHY,J
rna
and O.A.Nos.4 & 5 of 2025
26.02.2025
https://www.mhc.tn.gov.in/judis
