Paulsons Beauty And Fashion Pvt. Ltd. v. Grand Slam Fitness Pvt.Ltd.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.10.2022 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR PAULSONS BEAUTY AND FASHION PRIVATE LIMITED Represented by its Director Dr. Sam Paul Sober Ravi Sounder (M-42 years) Having office at No.12, Halls Road Kilpauk, Chennai - 600 010 ... Plaintiff vs.
GRAND SLAM FITNESS PRIVATE LIMITED Having Registered office at E-540, Greater Kailash II New Delhi - 110 048 (Amendment as per order dated 26.04.2021 in A.No.1786 of 2021) ... Defendant Civil Suit filed under Order VII Rule 1 of CPC read with Order IV Rule 1 of High Court O.S.Rules and Section 134 and Section 135 of the Trademarks Act, 1999 to grant an permanent injunction restraining the defendant their men, servants agents or anyone claiming through or under them from in any Page No.1/13
manner infringing the plaintiff's Trade Mark and Trading style "SLAM LIFESTYLE AND FITNESS STUDIO" by using the offending Trade Mark and Trading style "GRAND SLAM" or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the Plaintiff's Trade Mark "SLAM LIFESTYLE AND FITNESS STUDIO"; grant an permanent injunction restraining the defendant, their men, servants agents or anyone claiming through or under them from in any manner Passing off the Plaintiff's Trade Mark and Trading style "SLAM LIFESTYLE AND FITNESS STUDIO" by using the offending Trade mark and Trading style "GRAND SLAM" or any other mark or marks which are similar or in any way deceptively similar to or a colourable imitation of the Plaintiff's Trade mark "SLAM LIFESTYLE AND FITNESS STUDIO"; directing the Defendant to surrender to plaintiff the entire stock of unused offending goods with Trade Mark "GRAND SLAM" with name boards, labels, wrappers, boxes, covers, bags, packets cartons bills, advertisements, materials reports, envelops, brochures, printing blocks etc.
, bearing the offending Trademark for destruction and to pay for the costs of the suit. For Plaintiff : Mr.Vijayan Subramanian along with Ms.R.Roshini For Defendant : Mr.R.Sathish Kumar along with Page No.
Ms.Priya.V
JUDGMENT
Mr.Vijayan Subramanian, along with Ms.R.Roshini, learned counsel for sole plaintiff-company and Mr.R.Sathish Kumar along with Ms.Priya.V, learned counsel for the lone defendant-company are before this Commercial Division.
2. To be noted, captioned suit is listed under the cause list caption 'FOR REPORTING SETTLEMENT'.
3. Learned counsel on both sides (aforementioned counsel) submit in unison in one voice that captioned suit has since been settled between the Page No.3/13
parties and parties have reduced the terms of settlement to a 'Joint Memorandum of Compromise dated 14.10.2022' [hereinafter 'said JMOC' for the sake of brevity, convenience and clarity]. Aforementioned said JMOC is before this Commercial Division. Both learned counsel adverting to Paragraph 6/concluding paragraph of said JMOC make a common request that captioned suit may please be decreed in terms of said JMOC.
4. As regards the presence of the parties, both sides submit that the individuals who have verified and signed the pleadings on behalf of the plaintiff-company and the defendant-company (plaint and written statement respectively) have signed said JMOC but there is some difficulty in their presence before this Commercial Division today. Both counsel request for dispensing with their presence. Both counsel submit on instructions that JMOC has been signed in the presence of each other and therefore, dispense with prayer can be acceded to. Dispense with prayer acceded to.
5. Scanned reproduction of said JMOC is as follows: Page No.4/13
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In the light of the directive thus far, captioned suit is decreed in terms of said JMOC, which shall form part of the judgment and decree. There shall be no order as to costs.
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M.SUNDAR.J., gpa C.SNo.411 of 2020 17.10.2022 Page No.13/13