Madrasdated High Court · 2025

C.S(COMM DIV) No. 83 of 2025MEDICAL LABORATORY/ " mark and/or any other mark identical and/or deceptively similar mark in any other manner whatsoever. C. Permanent injunction restraining the Defendants its proprietor/directors/partners and officers, dealers, distributors successors-in-business, servants, agents, employees, representatives and all others persons claiming through or under them from in any manner from diluting the distinctive character of Plaintiffs' trademarks including but not limited to "Apollo" "Apollo Hospitals" "Apollo Diagnostics" "Apollo Lab", "Apollo Medical Centre" and "Apollo Clinic" and its variants or indulging in any activity which takes unfair advantage of Plaintiffs' goodwill and reputation in Plaintiffs' registered trademarks or by any activity amounting to unfair trade practice.d. The Defendants be ordered to surrender to the Plaintiffs for destruction all labels, cartons, containers, packaging materials, blocks, dyes, prints, screen prints, notices, pamphlets, advertisements, hoardings, and other promotional materials bearing the ""APOLLO MEDICAL LABORATORY/ ” mark which is identical to the Plaintiff's registered trademark "Apollo" "Apollo Hospitals" "Apollo Diagnostics" “Apollo Lab", "Apollo Medical Centre" and "Apollo Clinic" and its variants;e. Permanent injunction restraining the Defendants its proprietor/directors/partners and officers, dealers, distributors successors-in-business, servants, agents, employees, representatives and all others persons claiming through or under them from in any manner selling/transferring/assigning their business or trade name bearing the name "APOLLO MEDICAL LABORATORY/ and its variation to any third party in any manner that directly or indirectly infringes upon or passes off the Plaintiffs' trademarks, including but not limited to "Apollo", "Apollo Hospitals", 3/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 2025"Apollo Diagnostics", "Apollo Lab", "Apollo Medical Centre", "Apollo Clinic", and its variants.f. Pass a Preliminary decree in favour of the Plaintiffs directing the Defendants for rendition of their accounts of sales and profits of the impugned goods sold by the Defendants under the impugned mark "APOLLO MEDICAL LABORATORY/ mark and a final decree be passed in favour of the Plaintiffs for the amount of profit found to have been made by the Defendants after such accounts are rendered;g. Defendants be ordered and decreed to pay the Plaintiffs a sum of 10,00,000/-as compensatory damages for committing acts of infringement of trademark and passing off or such other sum as may be found due and payable by Plaintiffs.For Appellant(s):Mr.Giridharan PFor Respondent(s):Mr. T.Sezhian (for D1, D5 & D6)JUDGMENTBoth the learned counsel for the parties submit that a settlement was reached between the parties and parties have executed a diagnostics service agreement (settlement agreement) dated 29.05.2025. The learned counsel for the plaintiffs submitted a memo dated 15.09.2025 stating that the plaintiffs and defendants have resolved the dispute amicably and arrived at an amicable settlement. The settlement agreement dated 29.05.2025 entered into between the parties is taken on file and is usefully extracted as under: 4/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 20255/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 20256/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 20257/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 20258/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 20259/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202510/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202511/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202512/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202513/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202514/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202515/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202516/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202517/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202518/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202519/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202520/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202521/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202522/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202523/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202524/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202525/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202526/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202527/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 202528/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 2025On a careful consideration of the terms thereof, I find no legal impediment to issue a decree in terms thereof.2.Therefore, C.S(COMM. DIV.) No.83 of 2025 is decreed in terms of the settlement agreement entered into between the parties dated 29.05.2025. The said settlement agreement shall form part of the decree. No costs. Consequently, connected Miscellaneous Applications are closed. 3.Considering the fact that the dispute has been resolved between the parties even before the issues were framed, Registry is directed to refund the Court fee after due adjustments, under the provisions of the Tamil Nadu Court Fees and Suits Valuation Act, 1955. 17-09-2025saiIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No29/30 https://www.mhc.tn.gov.in/judis C.S(COMM DIV) No. 83 of 2025N.SENTHILKUMAR J.saiTo1.Apollo Medical Laboratory A partnership firm having office at II Floor, City Centre, Fort Road, Kannur, Kerala-6700001 Rep by its Partners2.Abdulla Zubair3.Dr JayadeepC.S(COMM DIV) No. 83 of 2025 andOA Nos. 305 to 307 of 2025 & A No. 1565 of 20254.Rohith Das5.P Prasadan6.Linesh N K2 to 6 partners, APOLLO Medical Laboratory, All having office at II Floor, City Centre, Fort Road, Kannur, Kerala 670 0017.Diagnosis Evaluation and Research Pvt LtdHaving Reg. Office at City Centre, Fort Road, Kannur, Kerala 670001 Rep by its Director Mr Abdulla Zubair17-09-202530/30