Madras High Court
Nippon Paint Holdings Co. Ltd vs Mr. Suraj Sharma on 14 November, 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.11.2025
CORAM
THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR
C.S.(Comm.Div)No.7 of 2024
and (T)OP(TM)No.8 of 2024
C.S.(Comm.Div)No.7 of 2024
1. Nippon Paint Holdings Co. Ltd.,
2-1-2, Oyodo Kita, Kita Ku,
Osaka, Japan.
Through its Power of Attorney, Subash Gaijes Selvaraj.
2. Nippon Paint (India) Private Limited,
129, 140, 9th floor, Prestige Palladium Bayan Buildings,
Greams Road, Thousand Lights,
Chennai-600 006.
Through its Power of Attorney, Subash Gaijes Selvaraj. ... Plaintiffs
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-vs-
1. Mr. Suraj Sharma,
S/o. Mr. Laxmi Narayan Sharma,
WE-305, Chhajju Ram street, Ali Mohalla,
Jalandhar, Punjab-144001.
2. M/s. Nippon Paint & Chemicals
Tilak Nagar Road, Ghass Mandi Basti Sheikh
Jalandhar City, Punjab-144002.
Representing through its Proprietor Mr.Suraj Sharma.
... Defendants
Prayer : Plaint is filed under Order IV Rule 1 of the Madras High Court
Original Side Rules Read With Order VII Rule 1 of the Code of Civil
Procedure and Section 2(1)(c)(xvii) and Section 7 of the Commercial Courts
Act, 2015 Read With Sections 27, 28, 29, 134, and 135 of the Trade Marks
Act, 1999, and Sections 51, 55 and 62 of the Copyright Act, 1957, prays for
the Judgment and Decree against the defendants, as follows:
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(a) Pass and pronounce a decree of permanent injunction restraining
the defendants from infringing upon the plaintiff's registered NIPPON
PAINT trade marks/name, through themselves or through, their promoters,
partners, assigns, sister concern, affiliates, relatives, successors-in-interest,
licensees, franchisees, representatives, servants, distributors, employees,
agents, etc. or anyone associated with them, from using in relation to their
products/business directly or indirectly, and/or in any manner whatsoever the
impugned
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singularly or in conjunction with any other word or logo as a trade mark,
Service mark, house mark, trade name, trading style, website, domain name,
e-mail address, webpages or otherwise in any manner whatsoever;
(b) Pass and pronounce a decree of permanent injunction restraining
the Defendants, their promoters, partners, assigns, sister concern, affiliates,
relatives, successors-in-interest, licensees, franchisees, representatives,
servants, distributors, employees, agents etc. or anyone associated with them
from manufacturing, promoting, selling, using, reproducing, importing,
exporting or displaying the Plaintiff's NIPPON PAINT marks/name including
deceptively similar to the NIPPON PAINT trade marks/ name in any manner
whatsoever so as to pass off or enable others to pass off their business and/or
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products as that of the Plaintiffs or in some manner connected with the
Plaintiffs;
(c) Pass and pronounce a decree of permanent injunction restraining
the defendants from infringing upon the Plaintiffs' copyright in the artistic
work/label/logos/device/representation, viz.,
through themselves or through their promoters, partners, assigns, sister
concern, affiliates, relatives, successors-in-interest, licensees, franchisees.
representatives, servants, distributors, employees, agents etc. from using,
reproducing or displaying the impugned device/logo
or any such artistic
work/ representation/logo, or any other work similar to or being an identical
or substantial reproduction of Plaintiffs’ above-mentioned artistic work/
representation/logo, singularly or in conjunction with any other words or
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monogram/logo in any manner in relation to their goods/business;
(d) Pass and pronounce a decree directing the Defendants, their
promoters, partners, assigns, sister concern, affiliates, relatives, successors-
in-interest, licensees, franchisees, representatives, servants, distributors,
employees, agents etc. or anyone associated with them to deliver-up to the
Plaintiffs all products, including products, product packaging, printed
materials, stationery, labels etc. sold under the Plaintiffs' NIPPON PAINT
marks/name including
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(e) Pass and pronounce a preliminary decree for rendition of accounts
directing the Defendants to produce before the Hon'ble Court or any person
nominated/designated/appointed by this Hon'ble Court all accounts in
general and invoices and sales figures in particular;
(f) Pass and pronounce a decree declaring that the mark NIPPON
PAINT is a well-known trade mark(s) under Section 2(1)(zg) of the Act;
(g) Pass and pronounce a final money decree in favour of the
Plaintiffs’ and against the Defendants for payment of damages in the sum of
INR 2,00,00,000 or in such higher sum as may be determined/ascertained
pursuant to the rendition of accounts;
(h) Award costs of the suit.
For Plaintiffs : Mr.J.V.Abhay
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Ms.Maidini Phul
Ms.Sushain Sobti
Ms.J.Akhila
For Defendants : Mr.S.M.Vivekanandh
Mr.Davesh Vashishtha
(T)OP(TM)No.8 of 2024
M/s Nippon Paint Kabushiki Kaisha
(Nippon Paint Co. Ltd.), presently known as
Nippon Paint Holdings Co. Ltd., at 2-1-2
Oyodo Kita, Kita-Ku, Osaka, Japan. .. Petitioner
vs.
Suraj Sharma trading as Nippon Paints and Chemicals,
Tilak Nagar Road, Ghass Mandi Basti Sheikh
Jalandhar City, Punjab. .. Respondent
For Petitioner : Mr.J.V.Abhay
Ms.Maidini Phul
Ms.Sushain Sobti
Ms.J.Akhila
For Respondent : Mr.S.M.Vivekanandh
Mr.Davesh Vashishtha
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JUDGMENT
Today, the authorized representatives of the plaintiff and the defendant
appeared before this Court through video-conference and they were duly
identified by their respective counsel.
2. A joint memorandum of compromise dated 13.11.2025 has been
filed stating that the parties have settled the matter before the Supreme Court
Mediation Centre vide Settlement Agreement dated 12.08.2025. The said
document has been executed by the respective proprietors of the plaintiff and
the defendant and by their respective counsel. The Supreme Court Mediation
Centre has enclosed the settlement agreement dated 12.08.2025. Therefore,
it is appropriate to incorporate the scanned copy of the Settlement
Agreement dated 12.08.2025 and a joint memorandum of compromise dated
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13.11.2025 filed by both the parties and the same are extracted hereunder:
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4. Therefore, C.S.(Comm.Div)No.7 of 2024 and (T)OP(TM)No.8 of
2024 are disposed of in terms of the joint memorandum of compromise
dated 13.11.2025 and the Settlement Agreement dated 12.08.2025. The joint
memorandum of compromise and the Settlement Agreement shall form part
of the decree. In view of the settlement, there will be no order as to costs.
14.11.2025
Index:Yes/No
Internet:Yes/No
Neutral Citation : Yes/No
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N. SENTHILKUMAR,J.
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14.11.2025
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