Weco Elevator Private Limited v. Mas Industries Private Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 23.11.2022
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR and O.A.Nos.512 & 513 of 2022 in WECO Elevator Private Limited Represented by its key managerial person K.Senthil Nathan Registered Office at 447/P Ward 11, Edathala Grama Panchayath Edathala North P.O, Ernakulam, Kerala.
Principle Place of Business at Old No.19, New No.76 2nd Floor, Rameswaram Street T.Nagar, Chennai-600 017.
.. Plaintiff Vs.
1.
MAS INDUSTRIES PRIVATE LIMITED (CIN : U31900MH2003PTC142266) GOVIND SAGAR BLDG NO 2 IST FL FLAT No.3 C S T ROAD, KALINA SANTACRUZ (E) MUMBAI MH 400 098.
MAS INDUSTRIES PRIVATE LIMITED D-378, TTC Industrial Area Turbhe MIDC, Sanpada, Navi Mumbai Page Nos.1/14
Maharashtra - 400 705.
3.
MAS INDUSTRIES PRIVATE LIMITED No.18-19, Rajanderan Salai Sabapathi Nagr, Ponambalam Salai Main Road Kolapakkam, Porur, Chennai-600 122 also at 174/1, 174/2, Krishanevi Street Paraniputhur Main Road, Chennai Kancheepuram - 600 122.
4.
MAS INDUSTRIES PRIVATE LIMITED No.222, Khasara No.58/2, Paul Colony Rithala, New Delhi - 110 085.
5.
MAS INDUSTRIES PRIVATE LIMITED Godown No.10, Ground Floor, Milkat No.261, Society, Mumbai - Bangalore High Way Near Amit Blookfield Ambeagaon Bk, Pune - 411 046.
.. Defendants This Civil Suit is preferred, under Order IV Rule 1 of the O.S. Rules and Order VII Rule 1 of CPC, read with Sections 134 and 135 of the Trademarks Act, 1999, praying (a) Granting an order of permanent injunction restraining the defendants, their men, servants, dealers, agents or persons claiming through them or under them, from in any manner, infringing the plaintiff's registered trade mark "WECO Elevator Private Limited" under trade mark No.1619932 in class 7, or any other deceptively similar variation thereof, in any form and manner whatsoever;
(b) Granting permanent injunction restraining the defendants themselves, their directors / partners / proprietors as the case may be, Page Nos.2/14
their legal representatives, successors in business, assigns, servants, agents, transporters, distributors, printers, stockists, wholesalers, dealers, retailers, advertisers or any one claiming through or under them from in any manner passing off and enabling others to pass off the defendants in manufacturing and trading in installation of lifts and elevators, machines and machine tools, in any manner, as and for the elevator products of the plaintiff by using the well reputed and registered trade mark "WECO" or any other identical or similar trademark which are deceptively similar to or imitation of the words of the plaintiff's registered trademark; (c) directing the defendants to surrender to the plaintiff's entire stock of unused offending trade mark labels / blocks, dyes, moulds, screen prints, packing materials and other materials bearing identical / deceptively similar trade mark "WECO" for destruction; (d) a preliminary decree directing the defendants to render a true and faithful account or profits earned by them through the sale of elevator products bearing the offending "WECO" trademark and directing payment of such profits to the plaintiffs for the infringement and / or passing off committed by the defendants;
(e) directing the defendants to be ordered and decreed to pay to the plaintiff a sum of Rs.50,00,000/- (Rupees Fifty Lakhs) as damages for acts of infringement of trademark and passing off committed by the defendants by selling the elevator products bearing the trademark "WECO";
(f) directing the defendants to pay the cost to the plaintiff in this suit;
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(g) and for such further or other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case; For Plaintiff :
Mr.G.Sudhakar For Defendant :
Ms.A.Rehoboth Niranajani
J U D G M E N T
This judgment / common order which is a product of compromise will dispose of the captioned main suit and captioned two applications.
2. Captioned matter is listed under the cause list caption 'FOR REPORTING SETTLEMENT'.
3. Mr.G.Sudhakar, learned counsel on record for plaintiff company and Ms.A.Rehoboth Niranajani, learned counsel of M/s.Inovent Law Associates (Law Firm) for all the five defendants are before this Commercial Division.
4. Both learned counsel submit that parties on both sides namely, sole plaintiff and five defendants have settled the lis and have reduced the Page Nos.4/14
terms of settlement to writing vide a compromise memo captioned / styled 'MEMO FILED BY THE BOTH PLAINTIFF & DEFENDANT' and dated 18.11.2022 [hereinafter 'said JMOC' denoting 'Joint Memo of Compromise' for the sake of convenience and clarity].
5. On the side of plaintiff, Mr.K.Senthilnathan, Son of Mr.Kannan representing the plaintiff company and being a natural person who has signed and verified the plaint on behalf of plaintiff company, is before this Commercial Division. Likewise, Mr.S.Sharan, Son of Mr.G.K.Sreekumar on behalf of five defendants companies being the natural person who has executed vakalatnama dated 18.10.2022 on the strength of a Board Resolution and authorization given by Mr.Mudassar Mohd. Aslam Mukadam, a Director in defendants companies is before this Commercial Division.
6. Learned counsel on both sides and aforementioned natural persons on both sides request in one voice that the captioned main suit may please be disposed of in terms of said JMOC i.e., by way of a compromise decree. A scanned reproduction of said JMOC together with Page Nos.5/14
docket is as follows:
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7. Aforementioned natural persons representing the plaintiff and defendant companies have produced photocopies of their AADHAAR Cards and a scanned reproduction of the same are as follows: Page Nos.12/14
8. Both the aforementioned natural persons representing their respective companies i.e., juristic persons submit that the plaintiff, defendant companies, all concerned have understood the terms of said JMOC and that they would abide by the terms of said JMOC. Page Nos.13/14
M.SUNDAR, J.
mk
9. In the light of the narrative thus far, captioned main suit is decreed in terms of said JMOC which shall now form part of judgment / compromise decree. Consequently, captioned two applications are closed. There shall be no order as to costs.
23.11.2022 Index : Yes/No Speaking/Non-speaking order mk and O.A.Nos.512 & 513 of 2022 in Page Nos.14/14