Cavinkare Pvt. Limited - Trends Division v. P And P Associates
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21.11.2022
CORAM
THE HON'BLE Mr.JUSTICE M.SUNDAR and A.Nos.3228, 3229 & 3230 of 2021 in Cavinkare Pvt. Limited-Trends Division, 12 Poonthamalee Road, Ekkatuthangal, Chennai-600 032.
... Plaintiff Vs.
1. P & P Associates, a Partnership firm represented by its Partner S.Pradeepraj, No.133, Near HDFC Bank, Amma Mandapam Main Road, Srirangam, Tiruchirappalli-626 006.
2. S.Pradeepraj Partner P & P Associates, No.133, Near HDFC Bank, Amma Mandapam Main Road, Srirangam, Tiruchirappalli-626 006.
3. R.Prithiviraj Partner P & P Associates, No.133, Near HDFC Bank, Amma Mandapam Main Road, Srirangam, Tiruchirappalli-626 006.
... Defendants Page Nos.1/15
This Civil Suit is preferred under Order VII, Rule 1 of CPC and Order IV, Rule 1 of O.S. Rules read with Sections 27, 28, 29, 134 and 135 of the Trademarks Act, 1999 and Sections 51, 55, 62 of the Copyrights Act, 1957, praying (a) A permanent injunction restraining the defendants, by themselves, its partners, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner infringing the plaintiff's registered trademark GREEN TRENDS under No.
(c) a permanent injunction restraining the Defendants, by itself, its partners, 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' services under the trademark GREEN TRENDS as and for the plaintiffs' services by using, offering for Page Nos.2/15
services, selling, or carrying on business, displaying, printing, advertising their services with a trademark GREEN TEAMS or any other trademark which identical or similar to the plaintiff's trade mark GREEN TRENDS or in any other manner whatsoever;
(d) The defendant be ordered to surrender to plaintiff for destruction of all products, labels, cartons, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trade mark GREEN TRENDS or any mark deceptively similar to plaintiffs' registered trademark GREEN TRENDS;
(e) A preliminary decree be passed in favour of the plaintiff directing the defendants to render account of profits made by use of trademark GREEN TRENDS and a final decree be passed in favour of the Plaintiffs for the amount of profits thus found to have been made by the defendant after the latter have rendered accounts;
(f) for costs of the suit; and (g) pass such further or other relief as this Hon'ble Court deem fit and necessary in the circumstances of the case and thereby render justice. For Plaintiff :
Mr.R.Sathish Kumar For Defendants :
Mr.T.Shanmugam *****
J U D G M E N T
This Judgement/common order will now dispose of the captioned main suit and captioned three applications.
Page Nos.3/15
2. To be noted, captioned matter is listed under the cause list caption 'FOR REPORTING SETTLEMENT'. In this judgment/order parties shall be referred to by their respective ranks in the main suit for the sake of convenience and clarity.
3. Mr.R.Sathish Kumar, learned counsel on record for the sole plaintiff and Mr.T.Shanmugam, learned counsel on record for all the three defendants are before this Commercial Division. Both learned counsel submit that the plaintiff and defendants have arrived at a settlement and they have reduced the terms of settlement to writing vide a 'Memorandum of Compromise entered between the plaintiff and defendants dated 12.11.2022' [hereinafter 'said MOC' for the sake of convenience and clarity].
4. A scanned reproduction of said MOC together with one Annexure notice dated 04.06.2022 is as follows:
Page Nos.4/15
Page Nos.5/15
Page Nos.6/15
Page Nos.7/15
Page Nos.8/15
Page Nos.9/15
Page Nos.10/15
Page Nos.11/15
Page Nos.12/15
5. In paragraph 3 of said MOC, there is a reference to depiction of the mark that is to be used by the defendants i.e., changed mark. Though paragraph 3 says it is set out 'hereunder', it is not there in said MOC either as part of said MOC or as a Annexure. Both learned counsel submit on instructions that the depiction of the mark as agreed i.e., changed mark to be used by the defendants is as follows:
6. Aforementioned submissions made on instructions is recorded.
7. Be that as it may, both learned counsel request for dispensing with the presence of the parties for recording the said MOC inter alia on the following grounds:
(a) The individual, who verified pleadings/signed the plaint on behalf of plaintiff, has signed said MOC and likewise, 2nd Page Nos.13/15
defendant who has signed vakalatnama for himself as well as defendants 1 and 3, has signed the said MOC;
(b) Both parties have signed said MOC in the presence of each other;
(c) There is personal inconvenience for the individuals concerned to be present before this Commercial Division today.
8. Considering the nature of the matter, the trajectory the case has taken and the nature of said MOC in the case on hand, request for dispensing with the presence of the parties is acceded to.
9. Captioned main suit is disposed of in terms of said MOC vide a decree in terms of said MOC which shall form part of the judgment/decree. Consequently, captioned 3 applications are disposed of as closed. There shall be no order as to costs.
21.11.2022 Index : Yes/No Speaking/Non-speaking order kmi Page Nos.14/15
M.SUNDAR, J.
kmi and A.Nos.3228, 3229 & 3230 of 2021 21.11.2022 Page Nos.15/15