✦ High Court of India · 23 Apr 2025

High Court · 2025

Case Details High Court of India · 23 Apr 2025

Court

High Court of India

Decided

23 Apr 2025

Bench

Not available

Length

1,095 words

Acts & Sections

Commercial Courts Act 2015 Copyrights Act 1957 Trade Marks Act 1999

C.S.(Comm.Div.) No.24 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 23.04.2025CORAMTHE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHYC.S.(Comm.Div.) No.24 of 2025and O.A.Nos.62 to 65 of 2025and A.No.346 of 2025Coromandel International Ltd.,Through its Constituted Attorney,MrSahadev Katam,Olympia Terraces, 15B(SP),SIDCO Industrial Estate, Guindy,Chennai – 600 032, Tamil Nadu, India,Also at:Coromandel House, 1-2-10 Sardar Patel Road,Secunderabad 500 003, Telangana, India. ... Plaintiff-vs-Shri.Vijay Kumar Bansal,Sole Proprietor of Coromandel Agro Care India,St. No.5, Harddev Nagar, Sivia Road,Bhatinda, Punjab – 151 001,Also at:SCF 38, New Grain Market,Sri Muktsar Sahib, Muktsar Rural, Pubjab – 152 026.Email: [email protected]: 9417422400 ... Defendant1/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.24 of 2025PRAYER: Civil Suit (Commercial Division) filed under Order VII Rule 1 Civil Procedure Code, 1908 And Order IV Rule 1 of Original Side Rules of the Madras High Court, Section 2 (1) (C) (XVII) Read With Section Section 7 of the Commercial Courts Act, 2015 and Sections 27, 28, 29, 134 & 135 of the Trade Marks Act, 1999 & Sections 51, 55 and 62 of the Copyrights Act, 1957, praying to grant a judgment and decree on the following terms:- (a) 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, email addresses, 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 COROMANDEL AGRO CARE INDIA / COROMANDEL, which is identical to the Plaintiff's registered trade mark 'COROMANDEL' amounting to an infringement of the Plaintiff's registered trade mark 'COROMANDEL' and 2/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.24 of 2025its formatives bearing Application Nos.1889980 in Class 99, 1889981 in Class 99, 6350605 in Class 35, 291673 in Class 1, 24659 in Class 1, 4487164 in Class 1, 5062214 in Class 41, 4487163 in Class 1, 4487162 in Class 1, 4533818 in Class 99, 5173290 in Class 41, 5340594 in Class 35, 5550766 in Class 1, 5550767 in Class 5 in any manner whatsoever.(b) 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, email addresses, 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 COROMANDEL AGRO CARE India / COROMANDEL which is identical to the artistic work inherent in the Plaintiff's registered device marks and copyright over its artistic work Coromandel registered under Registration No.A-95108/2012 in any manner whatsoever.(c) A permanent injunction restraining the Defendant his partners, employees, officers, servants, agents, and all others acting for and on their 3/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.24 of 2025behalf from manufacturing, selling, distributing, exporting, advertising, offering for sale, any products, maintain and / or operate websites, domain names, social media platforms, email addresses, 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 COROMANDEL AGRO CARE INDIA / COROMANDEL or any other mark which is identical / similar to the Plaintiff's trade marks COROMANDEL or its formatives and such other marks and passing off the goods / services of the Defendant as and for those of the Plaintiff in any manner whatsoever.(d) 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 their behalf directly or indirectly, as the case may be from performing any actions, especially using the trade mark COROMANDEL AGRO CARE INDIA / COROMANDEL or any mark which is deceptively similar and or identical to the Plaintiff's trade mark COROMANDEL and its formatives amounting to unfair competition, dilution of the goodwill and reputation of the Plaintiff's trade mark or doing any other thing which will 4/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.24 of 2025lead to dilution of Plaintiff's Intellectual Properties;(e) The Defendant be ordered to pay the Plaintiff a sum of INR 10,00,000/- (Rupees Ten Lakhs only) as damages for having committed infringement of the Plaintiff's registered trade mark and passing off in respect of the Plaintiff's trade mark COROMANDEL and its formative marks.(f) A preliminary decree be passed in favor 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 trade mark COROMANDEL AGRO CARE INDIA / COROMANDEL or any mark which is deceptively similar and or identical to the Plaintiff's trade marks COROMANDEL' in any manner whatsoever.(g) Directing the Defendant for delivery up of any brochures / printed material and / or any material bearing the trade mark COROMANDEL AGRO CARE INDIA / COROMANDEL which infringes the Plaintiff's registered trade mark 'COROMANDEL' and its formatives.(h) Costs of such other relief as this Hon'ble Court may deem fit.5/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.24 of 2025For Plaintiff : Mr.Navod Prasannan for Mr.M.S.BharathFor Defendant : Mr.Vijay Kumar Bansal (Party in Person)**********JUDGMENTThe suit was filed seeking relief in respect of alleged trade mark infringement, copyright infringement and passing off. The parties reached a settlement and incorporated the terms of settlement in joint memorandum of compromise dated 09.04.2025. The said document has been executed by an authorized signatory of the plaintiff and by Mr.Vijay Kumar Bansal, sole Proprietor of the defendant. The defendant participated in proceedings through the video conferencing mode.2. In the joint memorandum of compromise, the parties have agreed to the issuance of a decree as prayed for in paragraph 73 (a), (b), (c) and (d) of the plaint. The plaintiff confirmed that it is relinquishing the request for relief claimed in paragraph 73 (e), (f), (g) and (h) of the plaint.6/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.24 of 20253. On closely examining the terms of compromise, I see no legal impediment to the issuance of a decree in terms thereof.4. Therefore, C.S.(Comm.Div.) No.24 of 2025 is decreed in terms of prayers at paragraph 73 (a), (b), (c) and (d) of the plaint. The joint memorandum of compromise shall form an integral part of the decree. In view of the settlement, there shall be no order as to costs. Consequently, the connected applications are closed.23.04.2025rnaIndex : Yes / NoInternet : Yes / NoNeutral Citation: Yes / No7/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.24 of 2025SENTHILKUMAR RAMAMOORTHY,JrnaC.S.(Comm.Div.) No.24 of 2025and O.A.Nos.62 to 65 of 2025and A.No.346 of 202523.04.20258/8

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