M/S.United Spirits Limited v. Jyothy Labs Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.07.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.S.No. 617 of 2011 & A.Nos. 2861 to 2863 of 2021 M/s.United Spirits Limited 'Rosy Tower'

No.7, Nungambakkam High Road, Nungambakkam, Chennai 600 034.

... plaintiffs Vs.

1.Jyothy Labs Limited (Formerly known as Jyothy Consumer Products Limited and Henkel India Limited) TPL House, 1st floor, No.3, Cenotaph Road, Teynampet, Chennai 600 018 (Amended as per order dated 01.03.2023 in A.No.723 of 2023) 2.M/s.VVF (India) Limited 109, Opp Sion Fort Garden Sion (East) Mumbai 400 022.

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3.Wipro Ltd., Unit - Wipro Consumer Care & Lightning C Block, Doddakannelli, Sarjapur Road, Bangalore 560035 4.Wipro Enterprises Private Limited, No.8, 7th Main, 80 Feet Road, Koranangala, 1st Block, Bangalore - 560 034.

(Impleaded as per order dated 17.11.2014 in A.No.6408 of 2014) (Amended as per order dated 28.04.2023 in A.No. 2622 of 2023) ... defendants Prayer: Plaint filed under Order VI Rule 1 of the Original Side Rules read with Section 27, 29, 105, 106, 134 and 135 of the Trade Marks Act, for a) A perpetual injunction restraining the defendants, their distributors, stockiest, servants, agents, retailers, assigns, representatives or any other person claiming under/through them from in any manner infringing the plaintiff's registered trademark 'ARAMUSK' by manufacturing, selling, offering for sale, stocking, 2/6

advertising, either directly and/or indirectly any goods and in particular cosmetic goods and/or allied products under the trademark 'ARAMUSK' and/or any other mark either in English or any other language, which is identical with and/ or deceptively similar to plaintiff's registered trademark or in any other manner whatsoever, - b) A perpetual injunction restraining the defendants, their distributors, stockiest, servants, agents, retailers, assigns, representatives or any other person claiming under/through them from in any manner manufacturing, selling, offering for sale, stocking, advertising, either directly and/or indirectly any goods and in particular cosmetic goods and/or allied products under the trademark 'ARAMUSK' and/or any other mark either in English or any other language, which is identical with and/ or deceptively similar to plaintiff's trademark "ARAMUSK" so as to pass off the defendants' products as and for the products of the plaintiff or in any other manner whatsoever connected with the plaintiff;

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c) A perpetual injunction restraining the defendants, their men, servants, agents, assigns or anyone claiming through or under them from dealing with the Plaintiff's trademark ARAMUSK in any manner whatsoever;

d) directing the defendants to pay the costs of the suit; and e) to pass such further or other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

For Plaintiffs :

Mr. Rahul Balaji For Defendants :

Ms. Gladys Daniel

ORDER

Today, the plaintiff and the defendants have entered into a joint memorandum of settlement and duly signed joint memorandum of settlement has been filed into the Court. The suit is decreed in terms 4/6

of the memorandum of settlement. The terms of settlement shall form part of the decree. Consequently, the connected applications are closed. No costs.

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