Apollo Hospitals Enterprise v. Gp Apollo Pharmacy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN C.S.No.722 of 2014 and A.No.7090 of 2014 and O.A.No.893 of 2014 Apollo Hospitals Enterprises Ltd., Regd. Office at No.19, Bishop Gardens, Raja Annamalaipuram, Chennai - 600 028.
Rep.by its Authorised Signatory.
... Plaintiff
Versus
GP Apollo Pharmacy ... Defendant Plaint filed under Order VII Rule 1 of CPC, Order IV Rule 1 of OS Rules r/w Sections 27,28,29,134 and 135 of the Trade Marks Act, 1999 for the following reliefs: (a) Permanent injunction restraining the defendant, its men, agents, partner, associate, officer, representative, servant and all other persons acting on defendant's behalf from in any manner infringing the plaintiff's registered Trade Mark "Apollo", "Apollo Pharmacy" and "Apollo Hospital" either directly or by using any structurally, visually, phonetically or deceptively similar mark to the plaintiff's trademark "Apollo", Apollo Pharmacy"and "Apollo Hospital",
(b) Permanent injunction restraining the defendant, its men, agents, partner, associate, officer, representative, servant and all other persons acting on defendant's behalf from in any manner passing off goods and services as that of the plaintiff's by either using the plaintiff's trademark "Apollo", "Apollo Pharmacy" and "Apollo Hospital" or any structurally, visually, phonetically or deceptively similar mark to the plaintiff's trademark "Apollo", Apollo Pharmacy" and "Apollo Hospital"; (c) Permanent injunction restraining the defendant, its men, agents, partner, associate, officer, representative, servant and all other persons acting on defendant's behalf from in any manner using the name/mark "Apollo" and "Apollo Pharmacy" by themselves or in combination with other characters or words in connection with any pharmaceutical establishment operated, or pharmaceutical services, rendered by the defendant; (d) The Defendant be directed to surrender to the plaintiff all materials, media, etc.
(e) The defendant be directed to render accounts of profits of the defendant in favour of the plaintiff to examine and ascertain the profits made by the defendant, and thereafter on enquiry final decree be passed and or an
order for rendition of accounts of profits made by the defendant by using the mark "Apollo" and "Apollo Pharmacy" or any structurally, visually, phonetically or deceptively similar mark to the plaintiff's trademark "Apollo", Apollo Pharmacy" towards damages as and when ascertained to be awarded to the plaintiff and against the defendant on account of use of the offending trade mark;
(f) Award damages of Rs.25,00,000/- (Rupees Twenty Five Lakhs only); and (g) An order for costs of the proceedings For Plaintiff : Mr.Vineet Subramani For Defendant : Mr.S.Mohan
JUDGMENT
Heard the learned counsel appearing for the plaintiff and the learned counsel appearing for the defendant. Both parties had filed a joint memo of compromise in D.No.15163 of 2016 dated 13.04.2016 and pray that the suit may be decreed in terms of the memo of compromise.
2. This Court has also gone through the terms of the joint memo of compromise.
3. In the light of the plea made by the parties, the suit is decreed in terms of the memo of compromise dated 13.04.2016. The joint memo of compromise shall form part of the decree. No costs. Consequently, connected miscellaneous applications are closed. Refund of Court fee, if any, as per entitlement.
sd/.M.S.N.J 28.04.2016 //Certified to be a true copy// Dated this the day of 2016.
S.s/14.07.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.