Agrigold Foods And Farm v. Agri Gold Commodities Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29-02-2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN CIVIL SUIT No.131 of 2008 1.Agrigold Foods and Farm Products Limited Having it's Registered Office at No.40-1-21, 4th Floor Catholic Complex, M.G.Road Vijayawada 520 010, Andhra Pradesh Represented by it's Chairman & Managing Director Venkata Rama Rao Avvas 2.Venkatarama Rao Avvas .. Plaintiffs vs Agri Gold Commodities Ltd., 269, M.G. Road Gorakund, Indore 452 002 .. Defendant Civil suit filed under Order IV Rule 1 of O.S.
boards, correspondence, letterheads, trade literature, advertisement in the print or electronic media including as e-mail ID or web address and in such other business literature and or enable others to pass off; granting a permanent injunction restraining the defendant, by themselves, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, offering and advertising for sale using the Trade Mark AGRIGOLD with respect to commodities exchange or in any media and use the same in invoices, letterheads and visiting cards or any other trade literature or by using any other trade mark which is in any way visually, phonetically or deceptively similar to the plaintiffs' registered trademark nos.
render an account of profits made by them by the use of the trading style AGRIGOLD on the goods referred and for a final decree in favour of the plaintiffs for the amount of the profits found to have been made by the defendants, after the defendants have rendered accounts and for costs. For Plaintiffs : Mrs.Gladys Daniel For Defendant : Mrs.Abitha Banu for M/s.Surana and Surana
JUDGMENT
The learned Counsel appearing for the plaintiffs, as well as the learned Counsel appearing for the defendant, have jointly filed a Memorandum of Compromise dated 16.2.2016, vide Diary No.6385 dated 18.2.2016, and would submit that in the light of the compromise memo, the suit may be decreed in the terms mentioned in it.
2.It is relevant to extract the terms of the compromise memo dated 16.2.2016, as under:- "1. The terms Plaintiffs and Defendant shall mean and include the heirs, executors, administrators, successors and assigns of each party.
2. Subject to the terms of this Memo of Compromise, the Defendant shall be entitled to use and to seek/continue
registration of the trademark AGRIGOLD only in respect of Brokerage on Commodity exchange, shares and securities included in Class 36.
3. The Defendant shall not use the trademark AGRIGOLD in respect of any other goods or services except as set out in para 2 above namely Brokerage on Commodity exchange, shares & securities included in Class 36.
Similarly Plaintiff shall not use and/or seek registration of the trademark AGRIGOLD in respect of commodity exchange, shares & securities.
4. The Defendant shall not use the trademark AGRIGOLD in the style of writing set out here below, which is being used by the Plaintiffs in the suit.
5. The Defendant shall not file any application for registration of the trademark AGRIGOLD either in word or device in respect of any other goods or services, except for Brokerage on Commodity exchanges, shares & securities included in Class 36.
6. Subject to para 3 above, the Defendant shall not file any opposition to the applications filed by the Plaintiffs for registration of the Trademark AGRIGOLD.
Similarly Plaintiffs shall not file any opposition to the applications filed by the Defendant for registration of the Trademark AGRIGOLD in respect of services mentioned in para 2 above.
Plaintiffs agree to withdraw their opposition filed against Defendant's TM application no.1576492 (subject to Defendant amending the description of services to the services mentioned in para 2 above).
7. In view of the above, the Plaintiffs undertake to withdraw the ORA No.231/2008/TM/MUM pending on the file of the Intellectual Property Appellate Board at Chennai.
8. C.S. No.131 of 2008 shall be decreed in terms of the present compromise. In view of the decree in terms of the Memo of Compromise the Plaintiffs have given up the relief contained in prayer a, b,
c, d & e in para 24 of the suit including cost of the suit.
9. It is therefore prayed that this Hon'ble Court may be pleased to decree the above suit in terms of the Memo of Compromise and pass such further or other order, as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice."
3.Therefore, the suit is decreed in terms of the Memorandum of Compromise, which shall form part of the decree. No costs.
sd/.M.S.N.J 29.02.2016 //Certified to be a true copy// Dated this the day of 2016.
S.s/16.06.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.