Madras High CourtC.S(COMM DIV)/51/2021disposed of

Whirlpool Properties Inc. v. A.S.Associates

2023-10-30Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.10.2023

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE 1.Whirlpool Properties INC, represented herein by its Power of Attorney Holder Neeraj Mehta 2.Whirlpool of India Limited, represented herein by its Authorised Signatory Neeraj Mehta .. Plaintiffs /versus/ 1.A.S.Associates, represented by its Partners Senthanarai Kannan and A.Purushothanan 2.V.V.Refrigeration, represented by its Partners Senthanarai Kannan and A.Purushothanan .. Defendants Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original Side Rules and Order VII Rule 1 of the Code of Civil Procedure 1908, Sections 27(2), 28, 134 & 135 of the Trade Marks Act, 1999 and Sections 51, 52 & 62 of the Copyright Act, 1957 and Section 7 of the Commercial Courts Act No.4 of 2015 to pass a judgment and decree against the defendants for the grant of 1/5

a)permanent/perpetual injunction against infringement of the plaintiffs' 'WHIRLPOOL' and other WHIRLPOOL formative marks, by restraining the defendants, their promoters, assigns, relatives, successorsin-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc.

or anyone associated with them from using 'WHIRLPOOL' and other WHIRLPOOL formative marks or any other mark identical with or deceptively similar to the plaintiffs' registered and well-known marks 'WHIRLPOOL' and other WHIRLPOOL formative marks as a logo design, trade mark, service mark, house mark, trade name, trading style, corporate name, website, domain name, e-mail address, business card or otherwise in any manner whatsoever, including importing/exporting, so as to infringe the plaintiffs' said trade marks; b)permanent/perpetual injunction against infringement of the plaintiffs' copyright, by restraining the defendants, their promoters, assigns, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc.

or anyone associated with them from using copyrighted material of plaintiffs; c)permanent/perpetual injunction restraining the defendants, their promoters, assigns, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc.

manner convey a connection with the plaintiffs; d)direct the defendants their promoters, assigns, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc.

or anyone associated with them not to pursue any trade mark application(s) that they may have filed before any other competent body or government authority for obtaining rights (statutory or otherwise) in plaintiffs' 'WHIRLPOOL' and other WHIRLPOOL formative marks in any manner whatsoever including as a trade/service mark, house mark, trade name, trading style, corporate name, website, domain name, e-mail address or otherwise in any manner whatsoever in relation to their business/products/services and further restrain them from applying for or obtaining registration thereof; e)direct the defendants their promoters, assigns, relatives, successors-in-interest, licensees, franchisees, partners, representatives, servants, distributors, employees, agents etc.

f)direct the defendants to render a true and faithful account of the profits made by using the 'WHIRLPOOL' and other WHIRLPOOL formative marks post relinquishment of authorised service partner agreement and the defendants be further ordered and directed to pay to 3/5

the plaintiffs' such amount as may be found due on such account being taken;

g)the defendants be ordered and decreed to pay to the plaintiffs a sum of Rs.30,00,000/- (Rupees Thirty Lakhs) as damages on account of infringement of trade mark, infringement of copyright and passing off; h)direct the defendants to pay to the plaintiffs' costs of the suit. For Plaintiffs : Mr.P.Raj Kumar Jhabakh For Defendants : Mr.R.Gopinath

J U D G M E N T

Both the counsels have filed a Joint Memorandum of Compromise dated 31.08.2023. The parties to the dispute have agreed to settle the dispute in accordance with the Memorandum of Compromise dated 31.08.2023.

2.In terms of the Memorandum of Compromise dated 31.08.2023, this suit is disposed of. The Memorandum of Compromise dated 31.08.2023 shall form part of this judgment. No costs. 30.10.2023 vga ABDUL QUDDHOSE, J.

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