IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 18.03.2024 Pronounced on : 01.04.2024 CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.S.No.75 of 2021 M/s.MRF Limited, Having Regd. Office at No.114, Greams Road, Chennai 600 006, Rep. by its Senior Manager - Sales Planning, Mr.George Samuel ... Plaintiff vs.

1.POWERMAX Rubber Factory, No.38/10, Thandavarayan Street, Royapettah, Chennai - 600 014.

2.POWERMAX Tyre, No.38/10, Thandavarayan Street, Royapettah, Chennai - 600 014. ... Defendants PRAYER: Plaint under Order IV Rule 1 Original Side Rules, Sections 28, 29, 134 and 135 of the Trade Marks Act, 1999 and Sections 51, 55 and 62 of the Copyright Act, 1957 and Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, No.4 of 2016 for the following reliefs:

a. A perpetual injunction restraining the Defendants, its distributors, stockists, servants, agents, retailers, representatives or any other person claiming under/through them, from in any manner infringing the Plaintiff's Registered Trade Marks 'Muscleman Device', MRF CHEETAH, MRF SAHARA, MRF SAFARI, PAHALWAN by the Defendant's by using the Impugned Muscleman logo and the trademarks CHEETAH, SAHARA, SAFARI or any other mark identical with and/ or deceptively similar to the plaintiff's Trademarks/Artistic Works and Muscleman Device, PAHALWAN, MRF CHEETAH, SAHARA, SAFARI in connection with the defendant's goods/services and/or business or in any other manner whatsoever;

b. A perpetual injunction restraining the Defendants, their distributors, stockist's, servants, agents, retailers, representatives or any other person claiming under/through them from in any manner using the trademarks 'SAHARA', 'CHEETAH', 'SAFARI' and Impugned Muscleman Device, and/or any other mark which is identical with or deceptively similar to the Plaintiff's registered Trademarks/Artistic Works Muscleman Device, PAHALWAN, MRF CHEETAH, MRF SAHARA, SAFARI so as to pass off the Defendant's goods or services or business or website as that of the Plaintiff and/or wrongfully associate themselves with the Plaintiff's business or in any other manner whatsoever, c. A perpetual injunction restraining the Defendants, his distributors, stockists, servants, agents, retailers, representatives or any other person claiming under/through him from in any manner infringing the Plaintiff's Copyright in the 'MUSCLEMAN DEVICE' filed as Plaint Document No.1 by using the infringing mark/logo as shown in Plaint Document No. 6 or any other mark/ device/ artistic work with is identical with/ deceptively similar or any substantial reproduction of the MUSCLEMAN DEVICE' on or in connection with the business of the Defendants, or in any other manner whatsoever.

d. The Defendants be ordered to remove all painted displays, and other display material being used by the Defendants containing Plaintiff's Trademarks/Artistic Works, 'MUSCLEMAN Device or any other mark which is deceptively similar and/or is a substantial reproduction thereof and surrender to Plaintiff the glow sign board, all goods, labels, catalogues, dyes, blocks, moulds, screen prints, packing materials, bills, vouchers, literature, publicity material, letterheads, invoices, challans, visiting cards, job cards, delivery notes, rate list, sign boards, glow signs, blow ups and all reprographic materials and other materials bearing any of the plaintiff's trade marks or artistic works of the Plaintiff.

e. A preliminary decree be passed in favour of the Plaintiff directing the Defendants to render account of profits made by use of trademarks 'SAHARA', 'CHEETAH', 'SAFARI', PAHALWAN and/or Impugned MUSCLEMAN DEVICE', and a final decree be passed in favour of the Plaintiff for the amount of profits thus found to have been made by the Defendants after the latter have rendered accounts;

f. The Defendants be ordered and decreed to pay to the Plaintiffs a sum of Rs. 25,01,000/- as special damages for acts of Passing Off and infringeme