Madras High Court
Rajam Herbal Technologies vs G.Suresh on 16 July, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div.).No.164 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.).No.164 of 2024
1. Rajam Herbal Technologies,
Rep. by its Partner Mrs.R.Aarthi,
No.3/368, Periya Mariyamman Kovil Street, Sithanur,
Thalavaipatty Post, Salem-636 302, Tamil Nadu, India.
2. R.Sivagamasundari
Trading as M/s. Aarthi Agro Foods,
46/4b, Pethampatty Village, Veerapandi Block, Attyampatty,
S Palam Bus Stop, Salem-637 501, Tamil Nadu, India ...Plaintiffs
Vs.
1. G.Suresh,
Proprietor, Jayam Rajam Sukku Coffee Herbal,
No.98, Narayanan Street, Shevapet,
Salem - 636002, Tamil Nadu, India.
2. K.Shanmuganathan & Co.,
262, Avvai Shanmugam Salai,
Gopalapuram, Chennai-600 086, Tamil Nadu, India. ...Defendants
PRAYER: Plaint filed under Order VII Rule 1 of Civil Procedure Code, 1908
read with Order IV Rule 1 of Original Side Rules, 1956 read with Sections 27, 28,
29, 134 & 135 of the Trade Marks Act, 1999 and Sections 51, 55 & 62 of the
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C.S.(Comm.Div.).No.164 of 2024
Copyright Act, 1957, praying that this Hon'ble Court may be pleased to grant a
judgment and decree on the following terms:-
(a) A permanent injunction restraining Defendants, all their principal
officers, staff, men, agent, servants, successors, assigns in business,
representatives and any other person from infringing the trade mark by using the
mark “JAYAM RAJAM SUKKU KAPPI MIX” or any other word/words/device
that are identical or deceptively similar to the said registered trade mark
“RAJAM”/”RAJAM SUKKU KAAPI” of the plaintiffs in class 30 in respect of
coffee powder and instant mix and thereby restraining them from claiming any
right through or under Defendants from in any manner infringing the registered
trade marks by using trade mark “RAJAM”/ “RAJAM SUKKU KAAPI”.
(b) A permanent injunction restraining the Defendants, all his principal
officers, staff, men, agent, servants, successors, assigns in business,
representatives and any other person from passing off their goods by using the
impugned trade mark “logo image-Jayam Rajam Sukku Kappi Mix”, which is
deceptively similar as registered trade mark “logo image-Rajam” of the plaintiffs
in class 30, or any other word/words/logo/artistic work/design/device that are
identical or deceptively similar to the said registered trade mark of the plaintiffs
in class 30 in respect of coffee powder and instant mix, and thereby restraining the
Defendants in any manner from passing off.
(c) A permanent injunction restraining the defendants, all their principal
officers, staff, men, agent, servants, successors, assigns in business,
representatives and any other person from infringing the copyright of the plaintiffs
by using the artistic work, trade dress and colour combination which are identical
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C.S.(Comm.Div.).No.164 of 2024
and deceptively similar to that of the plaintiffs' artistic works, colour combination,
and trade dress; or any other logo/artistic work/design/device/trade dress that are
identical or deceptively similar to the said copyright of the Plaintiffs.
(d) That the Defendants be ordered and directed to pay to Plaintiffs a sum of
Rs.5,00,000/- (Five Lakhs only) by way of damages.
(e) A preliminary decree be passed in favour of the Plaintiffs directing the
Defendants to render a true and faithful accounts of all profit made by them, using
the plaintiffs' said trade mark and copyright and a final decree be passed in favour
of the plaintiffs for the amount of profit thus found to have been made by the
Defendants, together with interest, after the Defendants has rendered accounts.
(f) That the defendants be directed to deliver-up to the plaintiffs' for
destruction, all labels, all other print materials, stickers, signage, visiting cards,
letter heads, catalogues, pamphlets broachers all other advertising and promotional
material, all stationery, and such other material used for passing off and violating
plaintiff's trade mark.
(g) for the costs of the suit.
For Plaintiffs : Mr.Ramesh Ganapathy
For Defendants : Mr.T.K.Saravanan, for D1
: D2 – Served on 03.10.2024
JUDGMENT
The Suit was filed seeking remedies in respect of alleged infringement of
trademark, copyright and passing off.
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C.S.(Comm.Div.).No.164 of 2024
2. The matter was referred to the Mediation Centre attached to this Court,
vide order dated 21.04.2025, and in course of mediation, the parties arrived at a
settlement and executed a joint compromise memo dated 27.06.2025. Such joint
compromise memo is annexed to report dated 02.07.2025 from the Mediation
Centre.
3. In the joint compromise memo, the 1st defendant has undertaken not to
use the Trademark 'RAJAM' or “RAJAM SUKKU KAPPI MIX' or any trademark,
which is deceptively similar thereto. The 1st defendant has also undertaken to pay a
sum of Rs.13,43,024/-(Rupees Thirteen Lakhs Forty Three Thousand and Twenty
Four only) to the plaintiffs within four (4) months from the date of signing of the
joint compromise memo, as per the schedule at Paragraph No.6 thereof.
4. Therefore, the parties have requested that a decree be issued in terms of
the joint compromise memo. I find that there is no legal impediment for the
issuance of a decree in terms of the above mentioned Joint Compromise Memo.
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C.S.(Comm.Div.).No.164 of 2024
5. In view of the above, C.S.(Comm.Div).No.164 of 2024 is decreed in
terms of the joint compromise memo dated 27.06.2025, which shall form an
integral part of the decree. In view of the settlement, there shall be no order as to
costs.
16.07.2025
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skt
Index : Yes / No
Speaking order : Yes / No
Internet : Yes / No
Neutral Citation Case: Yes / No
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C.S.(Comm.Div.).No.164 of 2024
SENTHILKUMAR RAMAMOORTHY, J.
skt
C.S.(Comm.Div.).No.164 of 2024
(1/2)
16.07.2025
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