A Joint Memorandum of Compromise, signed by the parties and filed in court, is binding on the parties and can form the basis for a decree.

C.S.No.884 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN

C.S.No.884 of 2016

M/s.Apex Laboratories Private Limited,

Represented by its General Manager-Finance

N.Krishnan,

29, Third Floor, SIDCO Garment Complex,

Guindy, Chennai - 600 032.

... Plaintiff

Vs

1.Lucent & Torrent Healthcare Private Limited,

P-60, Omkar Marg,

Gandhi Nagar, Indore - 435 112.

2.Xylum Healthcare,

2-A, Parasram Marg,

Gandhi Nagar, Indore - 435 112.

... Defendants

Prayer: This Civil Suit is filed under Order VII Rule 1 of the Code of

Civil Procedure, 1908 and Order IV Rule 1 of the Original Side Rules

read with Sections 27, 28, 29, 134, 135 of the Trade Marks Act, 1999 and

Sections 51, 55, 62 of the Copyrights Act, 1957, prayed for a Judgment

and Decree:-

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C.S.No.884 of 2016

i) A Permanent Injunction restraining the defendants, by itself,

its partners, men, servants, agents, distributors, stockiest, representatives

or any one claiming through or under them from in any manner

infringing the plaintiff's registered trademarks "ZINCOVIT" by using a

deceptively similar trademark "ZYNCOVIT" or any other trademark

deceptively similar to the plaintiff's registered trademark or in any other

manner whatsoever;

ii) A Permanent Injunction restraining the defendants, by itself,

its partners, men, servants, agents, distributors, stockiest, representatives

or any one claiming through or under them from in any manner

committing acts of copyright infringement by using, in the course of

trade, labels/artistic works which are a substantial reproduction of

plaintiffs' registered copyright under Nos.A-54243/1997 and

A-91339/2011 in colour scheme, get up and layout for their

"ZYNCOVIT" syrup, drops, tablets etc., or in any other manner

whatsoever;

iii) A Permanent Injunction restraining the defendants, by

itself, its partners, men, servants, agents, distributors, stockiest,

representatives or any one claiming through or under them from in any

manner passing off and/or enabling others to pass off the defendants'

products under the trademark "ZYNCOVIT" as and for the plaintiffs'

products by manufacturing, selling or offering to sell, distributing,

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C.S.No.884 of 2016

displaying, printing, stocking, using, advertising their products with a

trademark and/or label or artistic work that is identical in colour scheme,

get up and layout with that of the plaintiff's "ZINCOVIT" trademark or

artistic work or in any other manner whatsoever;

iv) The defendants be ordered to surrender to plaintiffs for

destruction of all products, labels, cartons, dyes, blocks, moulds, screen

prints, packing materials and other materials bearing the trademark

"ZYNCOVIT" label or any mark deceptively similar to plaintiffs'

trademark and artistic work "ZINCOVIT" label.

v) A Preliminary Decree be passed in favour of the plaintiffs

directing the defendants to render account of profits made by use of

trademark and copyright in the artistic work "ZYNCOVIT" label and a

Final Decree be passed in favour of the plaintiffs for the amount of

profits thus found to have been made by the defendants after the latter

have rendered accounts.

vi) For costs of the suit.

For Plaintiff

: Mr.R.Sathish Kumar

For Defendants

: Mr.Rajesh Ramanathan

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C.S.No.884 of 2016

JUDGMENT

On the previous occasion i.e., on 04.01.2023, this case was

adjourned at the request of the learned Counsel for the parties hereto.

2. Today when the case is taken up for hearing, both the

learned Counsel for the respective parties submitted that the dispute

between the parties have been settled as early as July 2017. A copy of

the Joint Memorandum of Compromise filed between the parties is said

to have been filed befor