Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.07.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Texmo Industries, Coimbatore 29, Represented by its Partner, Damayanti Ramachandran ... Plaintiff -vs- Tecmo Industries, Coimbatore 6, Represented by its Partner K.Vellingiri ... Defendant PRAYER: Civil Suit filed under Order VII Rule 1 Civil Procedure Code, 1908 And Order IV Rule 1 of O.S.Rules, 1956 Read With Sections 28, 29, 105 and 106 of the Trade and Merchandise Marks Act, 1958, praying to grant a judgment and decree on the following terms:-
(i) Restraining by means of permanent injunction the defendant, its agents, servants, dealers or others claiming through or under the defendant from manufacturing, selling and / or offering for sale any goods in class 9 of
Schedule IV of the Trade and Merchandise Marks Rules 1959 bearing “TECHMO” and “TECMO” trade marks, or any other trade marks which is identical with, or similar to, the plaintiff's registered trade marks Nos.315049 and 315050 (“TEXMO”) in class 7, in any manner whatsoever;
(ii) Restraining, by means of permanent injunction, the defendant, its
agents, servants, dealers or others claiming through or thereunder, in any manner from passing off any goods including pumpsets and other allied goods as those of the plaintiff's;
(iii) Directing the Defendant, its agents, servants and representatives
and others claiming through the defendants by means of a mandatory injunction to handover to the plaintiff for destruction, all goods manufactured and stocked by the defendant bearing the trade marks “TECHMO” or “TECMO” or any other mark identical with or similar to the plaintiff's above registered trade marks, as well as stationery, brochures, labels, machinery and dies used for preparing the said trade marks;
(iv) Directing the defendant to render to the plaintiff, true and faithful account / accounts of profit, which the defendant has made.
(v) Awarding costs of the suit to be paid by the defendant to the plaintiff. For Plaintiff : M/s.M.S.Bharath, V.S.Krishna for M/s.Kria Law For Defendant : Mr.Madhan Babu for M/s.Rahul Balaji **********
JUDGMENT
The suit was filed seeking remedies in respect of alleged infringement of trade mark and passing off. Parties have reached a settlement and executed the memorandum of compromise dated 24.07.2025. Such memorandum of compromise is executed by the authorized signatory of the plaintiff and a partner of the defendant.
2. In the memorandum of compromise, parties have agreed that the
suit be decreed in terms of the prayers at paragraphs 15(1) and 15(2) of the plaint. The plaintiff has agreed to relinquish the claims made in paragraphs 15(iii) to 15(v) of the plaint. I find no legal impediment to decree the suit in terms of the memorandum of compromise.
3. Therefore, C.S.No.458 of 1998 is decreed in terms of the prayers in
paragraphs 15(1) and 15(2) of the plaint. The memorandum of compromise shall form an integral part of the decree. In view of the compromise, the parties shall bear their respective costs. 30.07.2025 (2/2) rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No SENTHILKUMAR RAMAMOORTHY,J rna 30.07.2025 (2/2)