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2025 Supreme(Online)(MAD) 16984
HIGH COURT OF MADRAS
SENTHILKUMAR RAMAMOORTHY, J
Mrs.Shoba Radhakrishnan, Proprietor of M/s.ASHCOM – Appellant
Versus
Mr.Gopi Venkatesan, M/s.Ashcart – Respondent
C.S.(Comm.Div.) No.176 of 2024
For the Appellants/Petitioners: Ms.Jayabharathi.T.S for Mr.M.S.Bharath
For the Respondents: Ms.K.Shanmugapriya for M/s.S.Suresh Kumar
A memorandum of compromise was approved, establishing exclusive trademark rights while resolving trade disputes amicably.
Headnote:Statute Analysis: The case pertains to trademark and copyright protection as per the Trade Marks Act, 1999 and Copyright Act, 1957. Facts of the Case: The plaintiff sought injunctions against the defendants for using a deceptively similar trademark 'ASHCART'.
Findings of Court:
The court recorded a compromise between the parties acknowledging the exclusive rights of the plaintiff.
Issues: The court framed the main question around the legality of the compromise.
Ratio Decidendi: The agreement confirmed the ownership and precluded deceptive practices.
Result: C.S.(Comm.Div.) No.176 of 2024 is decreed in terms of the memorandum of compromise dated 24.02.2025.
JUDGMENT
Upon reference to mediation, a report dated 24.02.2025 has been received from the Tamil Nadu Mediation and Conciliation Centre. The report records that parties reached a settlement in terms of the enclosed memorandum of compromise.
2. The memorandum of compromise dated 24.02.2025 has been executed by the plaintiff, the first defendant and the second defendant. It is also executed by counsel for the respective parties. In the memorandum of compromise, the defendants have agreed and acknowledged that the plaintiff is the exclusive owner and proprietor of the mark ASHCOM bearing the registration numbers specified in paragraph 1 thereof. The defendants have further agreed not to manufacture, sell, distribute, etc products or services under the trade mark ASHCART or any other mark which is deceptively similar thereto. The agreement records the defendants' undertaking on several matters incidental or ancillary to the above. The plaintiff has agreed not to press for reliefs claimed under paragraph 90(h)
and (i) of the plaint.
3. On examining the terms of memorandum of compromise dated
24.02.2025, I see no legal impediment for the issuance of a decree in terms thereof.
4. Therefore, C.S.(Comm.Div.) No.176 of 2024 is decreed in terms of memorandum of compromise dated 24.02.2025, which shall form an integral part of the decree. In view of the settlement being recorded in course of mediation, the plaintiff shall be entitled to a refund of Court fee in accordance with rules. Consequently, the connected applications are also closed.
07.04.2025 rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No SENTHILKUMAR RAMAMOORTHY,J rna and O.A.Nos.676, 677 & 678 of 2024 and A.No.4832 of 2024
07.04.2025
