Aquapump Industries And Another v. Majestic Pride Industry
THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.01.2024
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and O.A. No.998 and 999 of 2023 and A. 6223 of 2023
1. Aqua Pump Industries Rep. by its Managing Partner Mr.Ramaswamy Kumaravelu
2. Aqua Sub Engineering Rep. by its Managing Partner Mr.Ramaswamy Kumaravelu .... Plaintiffs Vs Majestic Pride Industry, Rajkot, Gujarat - 384 002.
... Defendant Prayer : PLAINT FILED UNDER ORDER IV RULE 1 O.S. RULES AND ORDER VII, RULE 1 OF THE C.P.C. READ WITH SEC. 27, 134 & 135 OF THE TRADE MARKS ACT 1999 to grant a judgment and decree on the following terms :
a) granting a permanent injunction, restraining the Defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Trade Mark TEXMO as such or prefix or suffix in any Electric Motors, 1/9
pumps and Agriculture Machines, etc. included in Class 7 or in any other goods manufactured and sold by the Defendant or its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically identical or deceptively similar to the Plaintiffs registered Trade Mark TEXMO or in any manner infringing the Plaintiffs Registered Trade Mark Nos. 315049 (SP-I), (SP-II) & 315050 (SP-I), (SP-II) renumbered as 2702778, 2702779, 2702780 & 2702781 respectively and other registrations in para 8 of the plaint.
b] granting a permanent injunction, restraining the Defendant, by itself, their servants, agents, distributors, or anyone claiming through them from manufacturing, selling, advertising and offering for sale using the Trade Mark TEXMO as such or with prefix or suffix in any Electric Motors, pumps and Agriculture Machines, etc. included in Class 7 or in any other goods manufactured and sold by the Defendant and its trading style or in any media and use the same in invoices, letter heads and visiting cards or by using any other trade mark which is in any way visually, or phonetically identical or deceptively similar to the Plaintiffs Trade Mark TEXMO or in any manner pass off the Plaintiffs' goods.
d) directing the Defendant to render an account of profits made by them by the use of the impugned trademark TEXMO on the goods Electric Motors, pumps and Agriculture Machines, etc. Included in Class 7 and decree the suit for the profits found to have been made by the Defendant, after the Defendant has rendered account and e) directing the Defendant to pay to the Plaintiffs the costs of the suit For Plaintiffs : Ms. Gladys Daniel For Defendant : Mr.Vijayakumar for Ms.N.Devi JUDGEMENT Both the parties have arrived at a settlement. The settlement terms which is recorded in the Memorandum of Compromise between the plaintiffs and the defendant, which is dated 13.12.2023 is placed on record. However, the said Memorandum of Compromise has been signed only by the defendant and their counsel, but has not been signed by the plaintiffs.
It has been signed by the learned counsel for the plaintiffs alone. The learned counsel for the plaintiffs also submits that on instructions that the plaintiffs are agreeable to the terms of settlement as found in the Memorandum of Compromise, dated 13.12.2023 which has been signed by the defendant and its counsel.
submit that since the plaintiffs representative is at Coimbatore, she could not get the signature today itself. However, she has no objection, if the terms of the settlement are recorded in this Court's judgment and a decree be passed in terms thereof. Accordingly, the Memorandum of Compromise, dated 13.12.2023 which is placed on record, today is incorporated in this Court's judgment and it reads as follows :- ...........
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2. In terms of the above settlement this suit is decreed. Consequently connected applications are closed.
05.01.2024 Index: Yes/ No Speaking order / Non speaking order vsi2 8/9
ABDUL QUDDHOSE, J.
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