Madras High CourtC.S(COMM DIV)/155/2025decreed

M/S.Texmo Industries v. Mukesh Lamba Sole Proprietor Of Ms Varun Pumpings

2025-10-06Honourable Mr.Justice N.Senthilkumar14 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR C.S.(Comm.Div) No.155 of 2025 and O.A.Nos.617 to 623 of 2025 and A.No.2770 of 2025 M/s.Texmo Industries ... Plaintiff

Versus

Mukesh Lamba ... Defendant Prayer: Commercial Suit filed under Order VII Rule 1 of the Civil Procedure Code, 1908, r/w Order IV Rule 1 of Original Side Rules, 1956, r/w Sections 2(1)(C)(XVII) read with Section 7 of the Commercial Courts Act, 2015 and Sections 27, 28, 29, 134 & 135 of the Trade Marks Act, 1999 and Sections 51, 55 & 62 of the Copyrights Act, 1957 to grant a judgment and decree on the following terms:

a)A permanent injunction restraining the Defendant, his partners, his employees, officers, servants, agents, and all others acting for and on his behalf from manufacturing, selling, distributing, maintaining and/or operating websites, domain names, social media platforms, email address, mobile applications, trade/corporate name and in any other manner directly or indirectly, online or offline, dealing with any goods or services in the 1/14

name of VARUN PUMPINGS which is identical to the Plaintiff's registered trademark TARO, and its formative marks amounting to the infringement of the plaintiff's registered trademark bearing application Nos.3884169 in class 07, 3884170 in class 09, 3884171 in class 11 and 3884173 in class 17;

b)A permanent injunction restraining the Defendant, his partners, his employees, officers, servants, agents, and all others acting for and on his behalf from manufacturing, selling, distributing, maintaining and/or operating websites, domain names, social media platforms, email address, mobile applications, trade/corporate name and in any other manner directly or indirectly, online or offline, dealing with any goods or services in the name of VARUN PUMPINGS or any other mark which is identical/similar to the Plaintiff's trademarks TARO, and such other marks and passing off the goods/services of the Defendant as and for those of the Plaintiff;

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c)A permanent injunction restraining the Defendant his partners, employees, officers, servants, agents and all others acting for and on their behalf from manufacturing, selling, distributing, exporting, advertising, offering for sale, any products, maintain and/or operate websites, domain names, social media platforms, e-mail addresses, mobile applications, trade/corporate name and in any other manner, directly or indirectly, online or offline, dealing with any goods or services under VARUN PUMPINGS which is identical to the artistic work inherent in the Plaintiff's registered device marks and copyright over its artistic work registered under Registration No. A-141687/2022 in any manner whatsoever;

d) A permanent injunction restraining the Defendant his partners, employees, officers, servants, agents, and all others acting for and on their behalf from manufacturing, selling, distributing, exporting, advertising, offering for sale, any products, maintain and/or operate websites, domain names, social media platforms, e-mail addresses, mobile applications, trade/ corporate name and in any other manner, directly or indirectly, online or offline, dealing with any goods or services infringing the copyright in the artistic works on the website of the plaintiff by reproducing the layout, interface, font style of the Plaintiff's website in any manner whatsoever; e)A permanent injunction restraining the Defendant his partners, employees, officers, servants, agents and all others acting for and on their behalf from manufacturing, selling, distributing, exporting, advertising, 3/14

offering for sale, any products, maintain and/or operate websites, domain names, social media platforms, e-mail addresses, mobile applications, trade/ corporate name and in any other manner, directly or indirectly, online or offline, dealing with any goods or services infringing the copyright in the literary works on the website of the Plaintiff by reproducing the layout, interface, font style of the Plaintiff's website in any manner whatsoever; f)A permanent injunction restraining the Defendant his partners, employees, officers, servants, agents, and all others acting for and on their behalf from manufacturing, selling, distributing, exporting, advertising, offering for sale, any products, maintain and/or operate websites, domain names, social media platforms, e-mail addresses, mobile applications, trade/corporate name and in any other manner, directly or indirectly, online or offline, dealing with any goods or services infringing the copyright in the cinematographic works on the website of the Plaintiff by reproducing the exact videos of the Plaintiff's website in any manner whatsoever; g)A permanent injunction restraining the Defendant, his partners, directors, proprietors, subsidiaries, affiliates, franchisees, officers, servants, agents, distributors, stockists, representatives, licensees and anyone acting for or on his behalf directly or indirectly, as the case may be from performing any actions, especially using the trademark VARUN PUMPINGS or any mark which is deceptively similar and or identical to the Plaintiff's trademark TARO, and its formative marks amounting to unfair competition, 4/14

misrepresentation, dilution of the goodwill and reputation of the Plaintiff's trademark or doing any other thing which will lead to dilution of Plaintiff's Intellectual Properties;

h)The Defendant be ordered to pay the Plaintiff a sum of INR 25,00,000/- (Rupees Twenty Five Lakhs Only) as damages for having committed infringement of the Plaintiffs' registered trademark and passing off in respect of the Plaintiff's trademark TARO, and its formative marks and infringement and passing off of the Plaintiff's literary, artistic and cinematographic work;

i)An order of declaration, declaring the Plaintiff's trademark "TARO" as a 'well-known trademark' within the meaning of Section 2(1)(zg) read with Section 11(6) of the Trade Marks Act, 1999; j)A preliminary decree be passed in favour of the Plaintiff directing the Defendants to render true and proper accounts of the profits arising out of the amount of sales generated by the defendant in respect of their alleged activities bearing the impugned marks VARUN PUMPINGS or any mark which is deceptively and or identical to the Plaintiff's trademarks TARO, and its formative marks;

k)To grant order of delivery up of any brochures/printed material and/or any material bearing "TARO", "TARO PUMPS", 5/14

which infringes Plaintiffs' registered trademark "TARO", "TARO PUMPS, For Plaintiff :

Mr.M.S.Bharath For Defendant :

Mr.Rishi Nandhan R.B.

JUDGMENT

A compromise has been entered into between the plaintiff and the defendant. Learned counsel for the plaintiff submitted that the date of filing was on 25.06.2025. The Memorandum of compromise was entered between the parties in the month of August 2025. Learned counsel for the plaintiff and the learned counsel for the defendant confirm that compromise has taken place. The Memorandum of Compromise is extracted hereunder: 6/14

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N. SENTHILKUMAR, J.

vga 2.This suit is decreed in terms of the Memorandum of Compromise, which shall form part of this judgment. No costs. Consequently, connected applications are closed.

06.10.2025 Index : Yes/No Speaking /Non-Speaking Order Neutral Case Citation : Yes/No vga C.S.(Comm.Div) No.155 of 2025, O.A.Nos.

617 to 623 of 2025 and A.No.2770 of 2025 14/14