M/S.R.K.Ganapathi Chettiar Rep By Its Partner S. Bhasker, v. G.Saravanan

2024:MHC:1926

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH M/s.R.K.Gnapathi Chettiar, Rep. By its Partner S.Bhasker, 138, Muthur Road, Kangayam, Tirupur District - 638 701, Tamil Nadu, India.

.... Petitioner Vs

1. G.Saravanan

2. The Registrar of Trade Marks The Office of Trademarks Registry, Intellectual Property Building, GST Road, Guindy, Chennai 600 032 .... Respondents Prayer: Petition filed under Section 47 read with Section 57 of the Trade Marks Act, 1999 to rectify the Trademarks Register by removing, expunging and / or cancelling the Trade Mark of the 1st Respondent that registered under Application No. 3814752 in Class 29. For Petitioner : Mr.Ramesh Ganapathy For Respondents : Mr.S.Diwakar, for R1 Mr.N.Ramesh, Senior Panel Counsel for R2 1/6

O R D E R

A joint memo of compromise dated 25.04.2024 duly executed by both the parties as well as their respective learned counsel is filed and is made part of the records.

2. The memo of compromise reads as follows:

JOINT COMPROMISE MEMO FILED BY THE PARTIES The Petitioner and 1st Respondent herein respectfully submits as follows:

A. The Petitioner herein had already filed a suit for Infringement of Copyright and passing off in respect of the impugned mark vide C.O.S.No.17 of 2021 before the Hon'ble Principal District Court, at Tirupur.

B. The above mentioned suit is decreed in favour of the Petitioner herein vide an Judgement and Decree dated 18.10.2022, granting a Permanent Injunction restraining the 1st Respondent herein from using the impugned trade mark application. C. The Petitioner herein has also filed this instant petition to remove the impugned trade mark from the Register of the Trade Mark Registry.

D. The 1st Respondent herein, aggrieved by the Permanent Injunction by way Decree, has filed an Appeal vide A.S (CAD)No.3 of 2022 before the Hon'ble High Court of Madras, and the same is pending for final adjudication.

E. In these circumstances The Petitioner and the 1st Respondent respectfully submit that with a view to give quietus to the matter, they have agreed to settle their disputes amicably on the following 2/6

terms:- TERMS OF THE MEMORANDUM OF COMPROMISE:-

1. The 1st Respondent herein agrees to stop and not to use the trade mark, that is challenged in this instant petition having Registration No.3814752 in Class 29 as annexed along with this memo as Annexure-A.

2. The 1st Respondent herein has changed his trade mark, "GVG" as annexed along with this memo as Annexure-B, in respect of his ghee products.

3. The 1st Respondent herein agrees that he will take steps within 30 days of signing this Agreement, to withdraw/ cancel the impugned trade mark having Registration No.3814752 in Class 29 with the Trade Mark Registry.

4. The 1st Respondent agrees that he will not use any trade mark/ label/ logo/ device which is deceptively similar or identical as that of the Petitioner's domestic trade mark/label, "

"as well as the International Trade mark/label, " 3/6

".

5. The 1st Respondent agrees that all the terms of this agreement will be strictly followed by the 1st Respondent and the 1st Respondent agrees that in case of any violation by the 1st Respondent, the Petitioner herein is free to take appropriate legal action against the 1st Respondent herein.

6. The Petitioner and the 1st Respondent herein agree to dispose-off this instant petition bearing OP(TM)No.3 of 2023 filed before the Hon'ble High Court of Madras, in terms of this Joint Compromise Memo.

It is therefore prayed that this Hon'ble Court may be pleased to receive the Memo of Compromise and pass an order in terms of the same and pass such further or other order as this Hon'ble Court may deem fit and proper in the circumstance of the case and thus render justice. Dated at Tirupur on this the 25th day of April 2024 Sd/- sd/- PETITIONER 1ST RESPONDENT Sd/- sd/- COUNSEL FOR THE COUNSEL FOR THE PETITIONER 1ST RESPONDENT

3. Annexures A and B are general representation of the infringing/impugned trademark and changed mark of the first respondent respectively.

4. Recording the same, this Original Petition is closed as settled. No costs.

5. The first respondent at clause 3 agreed to take steps within 30 4/6

days from date of execution of the agreement to withdraw/cancel the impugned trademark bearing registration No.3814752 in class 29 with the Trademark Registry.

6. Once the Form is filed within the time as stipulated, the Trademark Registry will ensure that needful is done in terms of cancellation of the impugned trademark within a period of six (6) weeks from date of receipt of the document.

29.04.2024 Sl Index:Yes/No Speaking order To The Registrar of Trade Marks The Office of Trademarks Registry, Intellectual Property Building, GST Road, Guindy, Chennai 600 032 5/6

Dr.ANITA SUMANTH,J.

Sl 29.04.2024 6/6