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2024 Supreme(Online)(MAD) 16662
HIGH COURT OF MADRAS
Honourable Mr Justice SENTHILKUMAR RAMAMOORTHY
ELIZABETH PUTHRAN – Appellant
Versus
PRIGYA ARORA – Respondent
The court affirmed the enforceability of a compromise agreement in resolving disputes, emphasizing the role of amendments in trademark cases.
Headnote:
Compromise - Permanent Injunction - Trademark Act - Sections Relevant to Amendments - The court honored a memorandum of compromise allowing the amendment of a trademark following a settlement between the parties, interpreting the law to facilitate parties’ agreement without impediments.
Fact of the Case:
The suit was initiated for permanent injunction and related reliefs. A mediator was appointed to aid in amicable resolution, resulting in a memorandum of compromise executed by both parties.
Issues: Whether the memorandum of compromise can be accepted and the trademark can be amended as agreed by the parties.
Ratio Decidendi: The absence of legal impediments to the memorandum allowed the court to decree in accordance with the parties' agreement, reinforcing the value of settlements.
Final Decision: The suit is decreed in terms of the memorandum of compromise with no costs.
JUDGMENT
The suit was filed for a permanent injunction, rendition of accounts and allied reliefs. By order dated 21.11.2023, Mr.Rajesh Ramanathan, learned Advocate, was appointed as mediator to endeavour to resolve the dispute amicably. At the hearing today, the parties have placed on record a memorandum of compromise dated 16.07.2024. The said memorandum of compromise has been executed by the plaintiff, the defendant and the respective counsel.
The parties are also present by way of video conference.
2. On examining the memorandum of compromise, I see no legal impediment to the disposal of the suit in terms thereof.
3. At paragraph 2(b) of the memorandum of compromise, the defendant agrees to apply for amendment of Trademark No.4949193 by making additions thereto. About four options are set out therein. If such amendment application is presented, the Registrar of Trademarks is directed to consider and grant the same subject to law.
4. The Court records its deep appreciation for the efforts of Mr.Rajesh Ramanathan in facilitating the settlement pro bono.
5. Subject to the observation set out above in paragraph 3, C.S.(Comm.Div.) No.219 of 2022 is decreed in terms of memorandum of compromise dated 16.07.2024. Such memorandum of compromise shall form an integral part of the decree. In the circumstances, there will be no order as to costs. Consequently, O.A.Nos.680 and 681 of 2022 and A.Nos.4404 and 4405 of 2023 are closed.
13.08.2024 rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No SENTHILKUMAR RAMAMOORTHY,J rna and O.A.Nos.680 & 681 of 2022 and A.Nos.4404 & 4405 of 2023 13.08.2024
