Madras High Court
Aquapump Industries vs Vinod Kumar Rachodmal Rathod on 23 June, 2025
Author: Senthilkumar Ramamoorthy
Bench: Senthilkumar Ramamoorthy
C.S.(Comm.Div.) No.256 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
C.S.(Comm.Div.) No.256 of 2024
1.Aquapump Industries
Tudiyalur Post,
Coimbatore 641 034
and also at
No.276/184, Linghi Chetty Street,
George Town,
Chennai 600 001
Rep by its Managing Partner
Mr.Ramaswamy Kumaravelu
2.Aquasub Engineering
Tudiyalur Post,
Coimbatore 641 034
and also at
No.276/184, Linghi Chetty Street,
George Town,
Chennai 600 001
Rep by its Managing Partner
Mr.Ramaswamy Kumaravelu ... Plaintiffs
-vs-
Vinod Kumar Rachodmal Rathod
Laxmi Nivas, Near Eshwar Temple,
CBT Killa, Hubli,
1/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:08 am )
C.S.(Comm.Div.) No.256 of 2024
Dhurwad, Karnataka 580 020. ... Defendant
PRAYER: Civil Suit (Commercial Division) filed under Order Iv Rule 1 of
O.S.Rules and Order VII Rule 1 of the CPC Read With Sections 27, 134 &
135 of the Trade Marks Act, 1999, praying 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 any one claiming through them
from manufacturing, selling, advertising and offering for sale using the
Trade Marks 'PRIDE TEXMO', 'MP TEXMO' & 'BLH TEXMO' as such or
prefix or suffix in any Pumps or Motors or any related goods And Parts
included in Class 7 or in any UPS, CVT, Inverter, Battery, Voltage
Stabilizers, Stabilizer Transformer, Wire And Cables, Electrical Conduit,
Switch & Switches Accessories, Electrical Switch Board, Socket, Electrical
Capacitors, Condensers (Capacitor), Electronic Connectors, Switchgears,
Electrical Connectors, Multi-Plugs, MCB Box, Distribution Box, Electric
Control Panels And Electrical Sockets included in Class 9 or in any Electric
lighting or heating apparatus or related goods and parts included in Class 11
or in any other goods manufactured and sold by the Defendant or its trading
2/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:08 am )
C.S.(Comm.Div.) No.256 of 2024
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, 1961986 & 1961987
respectively.
(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 Marks 'PRIDE TEXMO', 'MP TEXMO' & 'BLH TEXMO' as such or
prefix or suffix in any Pumps or Motors or any related goods And Parts
included in Class 7 or in any UPS, CVT, Inverter, Battery, Voltage
Stabilizers, Stabilizer Transformer, Wire And Cables, Electrical Conduit,
Switch & Switches Accessories, Electrical Switch Board, Socket, Electrical
Capacitors, Condensers (Capacitor), Electronic Connectors, Switchgears,
Electrical Connectors, Multi-Plugs, MCB Box, Distribution Box, Electric
Control Panels And Electrical Sockets included in Class 9 or in any Electric
3/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:08 am )
C.S.(Comm.Div.) No.256 of 2024
lighting or heating apparatus or related goods and parts included in Class 11
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 pass off the Plaintiffs' goods.
(c) Directing the Defendant to surrender to the Plaintiffs all the goods,
packing materials, cartons, advertisement materials and hoardings,
letterheads, visiting cards, office stationery and all other materials containing
/ bearing the Trade Marks 'PRIDE TEXMO', 'MP TEXMO' & 'BLH
TEXMO' or other deceptively similar mark to the Plaintiffs' Trade Mark
TEXMO.
(d) Directing the Defendant to render an account of profits made by
them by the use of the impugned Trade Marks 'PRIDE TEXMO', 'MP
TEXMO' & 'BLH TEXMO' on the goods included in Classes 7, 9 & 11 and
decree the suit for the profits found to have been made by the Defendant,
after the Defendant has rendered account.
4/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:08 am )
C.S.(Comm.Div.) No.256 of 2024
(e) Directing the Defendant to pay to the Plaintiffs the costs of the
suit.
For Plaintiffs : Ms.Gladys Rosette C.Daniel
for M/s.C.Daniel
For Defendant : Ms.N.Devi
**********
JUDGMENT
The suit was filed seeking relief in respect of alleged trade mark
infringement and passing off. Parties have reached a settlement and
recorded the terms thereof in Memorandum of Compromise dated
09.06.2025. The said document has been executed by the Managing
Partners of the first and second plaintiffs and by the defendant. The
respective counsel have also signed. The memorandum of compromise
records that the defendant undertakes to withdraw the applications for
registration of the trade marks mentioned in paragraph 4 thereof. It further
records that the defendant undertakes not to assert any right in respect of the
expression TEXMO or other marks deceptively similar to the plaintiff's trade
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:08 am )
C.S.(Comm.Div.) No.256 of 2024
marks TEXMO, PRIDE TEXMO, MP TEXMO, BLH TEXMO and the
following device mark:
2. The defendant has submitted itself to a permanent injunction as per
relief claimed in clauses (a) and (b) of paragraph 23 of the plaint. The
plaintiff has agreed to relinquish relief claimed in clauses (c), (d) and (e) of
paragraph 23 of the plaint. I see no legal impediment to the issuance of a
decree in terms of the memorandum of compromise.
3. Therefore, C.S.(Comm.Div.) No.256 of 2024 is decreed in terms of
clauses (a) and (b) of paragraph 23 of the plaint. The memorandum of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:08 am )
C.S.(Comm.Div.) No.256 of 2024
compromise shall form an integral part of the decree. In view of the
settlement, there will be no order as to costs.
23.06.2025
rna
Index : Yes / No
Internet : Yes / No
Neutral Citation: Yes / No
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:08 am )
C.S.(Comm.Div.) No.256 of 2024
SENTHILKUMAR RAMAMOORTHY,J
rna
C.S.(Comm.Div.) No.256 of 2024
23.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 11:38:08 am )
