M/S Apex Laboratories Pvt.Ltd., v. Zee Laboratories Limited,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 15.11.2022
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR and O.A.Nos.469, 470 of 2022 & A.No.3350 of 2022 in M/s.Apex Laboratories Pvt. Ltd., 29, III Floor, SIDCO Garment Complex Guindy, Chennai-600 032 Rep. by its Authorised Signatory D.Jude F.L.S. Durai Pandian .. Plaintiff Vs.
Zee Laboratories Limited Behind 47, Industrial Area, Paonta Sahib - 173025, Himachal Pradesh and their registered office at 913, D-Mall, Netaji Subash Place, Pitampura, Delhi - 110 034.
.. Defendant This Civil Suit is preferred, under Order VII Rule 1 CPC and Order IV Rule 1 OS Rules, read with Sections 27, 28, 29, 134 and 135 of the Trademarks Act, 1999, praying (a) A permanent injunction restraining the defendant, by itself, its partners, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner infringing Page Nos.1/10
the plaintiff's registered trademarks ZINCOVIT under No.487453 in Class 5 and other registered trademarks by using a deceptively similar trademark ZINCOWIT FORTE or any other trademark deceptively similar to the plaintiff's registered trademark or in any other manner whatsoever;
(b) A permanent injunction restraining the defendant, by itself, its partners, men, servants, agents, distributors, stockiest, representatives or any one claiming through or under them from in any manner passing off and / or enabling others to pass off the defendant's products under the trademark ZINCOWIT FORTE as and for the plaintiffs' products by manufacturing, selling, or offering to sell, distributing, displaying, printing, stocking, using advertising their products with a trademark and / or label or artistic work that is identical in colour scheme, get up and layout with that of the plaintiff's ZINCOVIT trademark or artistic work or in any other manner whatsoever;
(c) The defendant be ordered to surrender to plaintiffs for destruction of all products, labels, cartons, dyes, blocks, moulds, screen prints, packing materials and other materials bearing the trademark ZINCOWIT FORTE label or any mark deceptively similar to plaintiffs' trademark and artistic work ZINCOVIT label;
(d) A preliminary decree be passed in favour of the plaintiffs directing the defendant to render account of profits made by use of trademark and copyright in the artistic work ZINCOWIT FORTE label and a final decree be passed in favour of the plaintiffs for the amount of profits thus found to have been made by the defendant after the latter Page Nos.2/10
have rendered accounts;
(d) For costs of the suit;
For Plaintiff :
Mr.R.Sathish Kumar For Defendant :
Mr.V.M.Venkatramana
J U D G M E N T
This compromise judgment / decree and common order will now dispose of the captioned main suit and captioned three applications.
2. Captioned matter is listed under the cause list caption 'FOR REPORTING SETTLEMENT'.
3. Mr.R.Sathish Kumar, learned counsel on record for sole plaintiff company and Mr.V.M.Venkatramana, learned counsel on record for lone defendant are before this Commercial Division.
4. Both learned counsel submit that the plaintiff and defendant companies have since settled the lis and terms of settlement have been reduced to writing vide a 'Joint Memo of Compromise entered between the plaintiff and defendant dated 14.11.2022' [hereinafter 'said JMOC' for the sake of convenience and clarity]. The said JMOC duly signed by both parties and their respective counsel has been placed before this Commercial Division and a scanned reproduction of the same (together with docket) is as follows:
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5. Adverting to aforementioned said JMOC, both learned counsel submit that the same was signed by both parties in the presence of one another and on this basis, both learned counsel request for dispensing with the presence of parties for recording said JMOC. It is also pointed out that Mr.D.Jude F.L.S Durai Pandian, Son of Durai Raj, aged 62 years, Authorized signatory and Chief Vigilance Officer of plaintiff company who has verified and signed pleadings (plaint) and Mr.Chander Shekhar, Son of Sh.Yash Pal, aged 58 years who has signed the Vakalatnama for defendant company have signed said JMOC. It is further submitted that both the natural persons have represented their respective companies i.e., juristic persons on the strength of Board Resolutions the same are subsisting and this is also another ground on which the prayer for dispensing with the presence of parties for recording said JMOC is made.
6. Considering the facts and circumstances of the case, the trajectory the matter has taken and other attendant circumstances, this request is acceded to.
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M.SUNDAR, J.
mk
7. Learned counsel on both sides request for disposal of captioned main suit by way of compromise decree in terms of said JMOC and consequent closure to the captioned applications. Request acceded to.
8. Captioned main suit is disposed of by way of joint compromise decree in terms of said JMOC which shall form part of judgment / decree. Consequently, captioned applications are disposed of as closed. There shall be no order as to costs.
15.11.2022 Index : Yes/No Speaking/Non-speaking order mk and O.A.Nos.469, 470 of 2022 & A.No.3350 of 2022 in Page Nos.10/10