Judgment · High Court

A Permanent injunction restraining the defendants, their associates, affiliates, partners, their employees, officers, servants, agents and all others acting for and on their behalf from manufacturing, selling, stocking, distributing, exporting, promoting, advertising, offering for sale, any products, websites, domain names, social media platforms, email address, mobile applications trade/corporate name and in any other manner, directly or indirectly, online or off line, dealing with any goods or services under the impugned marks L-ARGI-9 FORTE, 2/7 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.204 of 2025 or any other mark which is identical/deceptively similar to the Plaintiff’s trademarks ARG 9 amounting to passing off the goods/services of the defendants as and for those of the plaintiff in any manner whatsoever;c. A Permanent injunction restraining the defendants, their associates, affiliates, partners, directors, proprietors, subsidiaries, affiliates, franchisees, e-commerce and warehouse aggregators, 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 impugned marks L-ARGI-9 FORTE, or any mark which is deceptively similar and or identical to the plaintiff’s registered trademark ARG 9 amounting to unfair competition, 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;d.

The defendants 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 trademark and passing off in respect of the plaintiff’s trademark ARG 9;3/7 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.204 of 2025e. 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 defendants in respect of their alleged activities bearing the impugned marks L-ARGI-9 FORTE, or any mark which is deceptively similar and or identical to the plaintiff’s trademarks ARG 9 in any manner whatsoever;f. Directing the defendants for delivery up of any brochures/printed material and/or any material bearing the impugned marks L-ARGI-9 FORTE, which infringe the plaintiff’s registered trademark ‘ARG 9’;g.

Costs of this litigation borne by the plaintiff and any other such relief as this Hon’ble Court may deem fit, in the circumstances of the case, in the interest of justice and equity. For Plaintiff : Mr.M.S.BharathFor Defendants: Mr.Poojesh J4/7 https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.)No.204 of 2025JUDGMENTThe suit was filed seeking remedies in respect of alleged trademark infringement and passing off. Parties have reached a settlement and executed a memorandum of compromise in December, 2025. The said memorandum of compromise has been executed by an authorised signatory of the plaintiff, by a partner of the first defendant and by an authorised signatory of the second defendant. The respective counsel have also signed the document.2. In the memorandum of compromise, the defendants have acknowledged that the plaintiff is the exclusive proprietor of the registered trademark ARG 9 and its formative marks.

Secondly, they have agreed to a decree as prayed for in paragraph Nos. 79 (a), (b) and (c) of the plaint. The plaintiff has agreed to relinquish the request for relief in terms of paragraph Nos. 79 (e), (f) and (g) of the plaint. In addition, the defendants have agreed to and paid a sum of Rs.30,000/- to the plaintiff towards costs.